Germano v. Int'l Profit Ass'n, Inc., 07-3914
In a suit under the Americans with Disabilities Act (ADA) alleging that defendant declined to hire plaintiff because he was hearing-impaired, summary judgment for defendants is reversed where: 1) statements made by defendant to a communications assistant (CA) on a telecommunications relay service (TRS) call, which the CA immediately transmitted verbatim in text form to plaintiff, were not hearsay and had been improperly excluded as such; and 2) the previously-excluded evidence, once admitted, raised triable issues of fact on whether there had been an ADA violation.
- Argued 06/04/2008
- Decided 09/12/2008
- Published 09/12/2008
- WOOD, Circuit Judge., Before BAUER, WOOD, and WILLIAMS, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- Uche O. Asonye (argued), Asonye & Associates, Chicago, IL, Michael S. Stein (argued), National Association of the Deaf, Silver Spring, MD, for Plaintiffs-Appellants., Angela M. Miller, Dept. of Justice, Civil Rights Div., Appellate Section, Washington, DC, for U.S. Amicus Curiae., Anne N. Occhialino, E.E.O.C., Washington, DC, for E.E.O.C. Amicus Curiae.
- For Appellees:
- Jacie C. Zolna (argued), Cherry & Associates, Chicago, IL, for Defendant-Appellee.