United States Seventh Circuit

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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.

Appellate Information

  • 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.
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