Peter H. Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560 (7th Cir. 1996). · Go Syfert
Peter H. Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560 (7th Cir. 1996). Cases Citing This Book View Copy Cite
486 citation events (348 in the last 25 years) across 39 distinct courts.
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discussed Cited as authority (verbatim quote) Langford v. McDonough
N.D. Ill. · 2023 · quote attribution · 1 verbatim quote · confidence high
a party may not rely upon inadmissible hearsay . . . to oppose a motion for summary judgment.
discussed Cited as authority (verbatim quote) Ford v. Rivas (2×) also: Cited "see"
N.D. Ill. · 2023 · quote attribution · 1 verbatim quote · confidence high
a party may not rely upon inadmissible hearsay in an affidavit or deposition to oppose a motion for summary judgment.
discussed Cited as authority (verbatim quote) Kinsella v. Illinois Bell Telephone Company
N.D. Ill. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
unlawful discrimination under the ada includes both discriminatory discharge and the failure to provide reasonable accommodation.
discussed Cited as authority (verbatim quote) Smith v. De-Los-Santos
N.D. Ill. · 2021 · quote attribution · 1 verbatim quote · confidence high
bombard abandoned his fmla claim after failing to respond to the fmla arguments in fwn's motion for summary judgment.
discussed Cited as authority (verbatim quote) Montanez v. Mahaga
E.D. Wis. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the evidence relied upon must be competent evidence of a type otherwise admissible at trial.
discussed Cited as authority (verbatim quote) Patterson v. Arizona Department of Economic Security
D. Ariz. · 2020 · quote attribution · 1 verbatim quote · confidence high
rule 803(4) does not purport to 25 except, nor can it reasonably be interpreted as excepting, statements by the person 26 providing the medical attention to the patient.
examined Cited as authority (verbatim quote) Achagzai v. Broadcasting Board of Governors
D.D.C. · 2018 · quote attribution · 1 verbatim quote · confidence high
it is not our function to scour the record in search of evidence to defeat a motion for summary judgment; we rely on the nonmoving party to identify with reasonable particularity the evidence upon which he relies.
examined Cited as authority (verbatim quote) Jimenez v. CRST Specialized Transportation Management, Inc.
N.D. Ind. · 2016 · quote attribution · 1 verbatim quote · confidence high
it is not the function of the court to scour the record in search of evidence to defeat a motion for summary judgment; we rely on the nonmoving party to identify with reasonable particularity the evidence upon which he relies.
examined Cited as authority (verbatim quote) Williams, Mario v. Rodriguez, Marcelo
7th Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
in deciding an appeal, we may affirm the district court's grant of summary judgment on a ground other than that relied upon by the district court below, so long as the alternative basis finds adequate support in the record.
discussed Cited as authority (verbatim quote) Davis, Thomas P. v. G.N. Mortgage Corp
7th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party may not rely upon inadmissible hearsay . . . to oppose a motion for summary judgment.
discussed Cited as authority (verbatim quote) Haywood, Cherry v. Lucent Technologies
7th Cir. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
evidence relied upon must be competent evidence of a type otherwise admissible at trial.
discussed Cited as authority (verbatim quote) Monte K. Sieberns v. Wal-Mart Stores, Inc. (2×) also: Cited as authority (rule)
7th Cir. · 1997 · quote attribution · 1 verbatim quote · confidence high
the ada proscribes discrimination against only 'qualified individuals with a disability.
discussed Cited as authority (quoted) Renfroe v. Iac Greencastle, LLC
S.D. Ind. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
bombard abandoned his fmla claim after failing to respond to the fmla arguments in fwn's motion for summary judgment.
examined Cited as authority (quoted) Achagzai v. Broad. Bd. of Governors
D.C. Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
it is not our function to scour the record in search of evidence to defeat a motion for summary judgment; we rely on the nonmoving party to identify with reasonable particularity the evidence upon which he relies.
discussed Cited as authority (rule) Russia Brown v. CTA
7th Cir. · 2026 · confidence medium
As we have explained, “[i]t is not the duty of the court to scour the record in search of evidence to defeat a motion for summary judgment; rather, the nonmoving party bears the responsibility of identifying the evidence upon which he relies.” Harney v. Speedway Super- America, LLC, 526 F.3d 1099, 1104 (7th Cir. 2008) (citing 10 No. 25-1750 Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996)).
discussed Cited as authority (rule) Penner v. Galipeau
N.D. Ind. · 2025 · confidence medium
But while “[t]he evidence need not be admissible in form,” it “must be admissible in content.” Wheatley v. Factory Card & Party Outlet, 826 F.3d 412, 420 (7th Cir. 2016); see also Gunville v. Walker, 583 F.3d 979, 985 (7th Cir. 2009) (“a court may consider only admissible evidence in assessing a motion for summary judgment”); Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996) (evidence relied upon at the summary judgment stage must be competent evidence of a type otherwise admissible at trial).
cited Cited as authority (rule) Credit v. ProMedica Employment Services, LLC
N.D. Ill. · 2025 · confidence medium
Generally speaking, the ADA’s protections extend only to a “qualified individ- ual with a disability.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996).
discussed Cited as authority (rule) Kavelman v. City of Lincoln (2×) also: Cited "see, e.g."
C.D. Ill. · 2025 · confidence medium
Evid. 801(d), 802–804; see also Gunville, 583 F.3d at 985 ; Eisenstadt v. Centel Corp., 113 F.3d 738, 742 (7th Cir. 1997) (hearsay is inadmissible in summary judgment proceedings to the same extent that it is inadmissible in a trial); Bombard, 92 F.3d at 562 (inadmissible hearsay from an affidavit or deposition will not suffice to overcome a motion for summary judgment).
discussed Cited as authority (rule) Sanderson v. Leg Apparel LLC
2d Cir. · 2025 · confidence medium
Hosp., Inc., 386 F.3d 729 , 735–36 (6th Cir. 2004); Bombard 9 v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996); Stull v. Fuqua Indus., Inc., 906 10 F.2d 1271 , 1273–74 (8th Cir. 1990); Bulthuis v. Rexall Corp., 789 F.2d 1315, 1316 (9th Cir. 1985). 11 Likewise, Rule 807 applies only if the statement “is more probative on the point for which it is 12 offered than any other evidence that the proponent can obtain through reasonable efforts.” Fed. 13 R.
cited Cited as authority (rule) Lattimore v. Signature Healthcare of Bremen
N.D. Ind. · 2025 · confidence medium
P. 56(c)(2), (c)(4); Bombard v. Fort Wayne Newspapers, 92 F.3d 560, 562 (7th Cir. 1996).
cited Cited as authority (rule) White-Goyzueta v. Ivy Tech Community College of Indiana
N.D. Ind. · 2025 · confidence medium
P. 56(c)(4), and deposition testimony must too, Bombard v. Fort Wayne Newspapers, 92 F.3d 560, 562 (7th Cir. 1996).
discussed Cited as authority (rule) Jezior v. City of Chicago
N.D. Ill. · 2025 · confidence medium
When an employer learns that one of its employees is unable to perform essential functions of her job but wishes to remain employed, “the employer must engage with the employee in an ‘interactive process’ to determine the appropriate accommodation under the circumstances.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996) (quoting Beck v. Univ. of Wis. Bd. of Regents, 75 F.3d 1130, 1135 (7th Cir. 1996)); see also Miller v. Illinois Dep’t of Corr., 107 F.3d 483, 487 (7th Cir. 1997) (“Even if an employee who . . . becomes disabled while employed just says to th…
discussed Cited as authority (rule) Braun v. Wollman
S.D. · 2024 · confidence medium
Hosp., Inc., 386 F.3d 729 , 736 (6th Cir. 2004) (agreeing that the hearsay exception set forth in Rule 803(4) “applies only to statements made by the one actually seeking or receiving medical treatment.”); Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996) (holding that “Rule 803(4) does not purport to except, nor can it reasonably be interpreted as excepting, statements by the person providing the medical attention to the patient”); Bulthuis v. Rexall Corp., 789 F.2d 1315, 1316 (9th Cir. 1985) (per curiam) (holding that “Rule 803(4) applies only to statements m…
cited Cited as authority (rule) Jones v. Braun
S.D. Ill. · 2024 · confidence medium
Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996).
discussed Cited as authority (rule) White v. Powell
N.D. Ill. · 2024 · confidence medium
“It is not our function to scour the record in search of evidence to defeat a motion for summary judgment; we rely on the nonmoving party to identify with reasonable particularity the evidence upon which he relies.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996).
discussed Cited as authority (rule) Harris v. County Of Cook
N.D. Ill. · 2024 · confidence medium
Rule 803(4) does not purport to except, nor can it reasonably be interpreted as excepting, statements by the person providing the medical attention to the patient.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996); see also Martin v. Nicklow, 499 F. App’x 569, 573 (7th Cir. 2013) (noting that the “exception applies only to statements made by the patient”).
discussed Cited as authority (rule) JENSON v. LOWE'S HOME CENTERS, LLC
S.D. Ind. · 2024 · confidence medium
Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996) (holding that plaintiff's testimony regarding a doctor's statement to establish his ability to perform job functions was inadmissible).
cited Cited as authority (rule) Winger v. Siddiqui
S.D. Ill. · 2024 · confidence medium
Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996).
cited Cited as authority (rule) Posada v. Ottawa Township High School District 140
N.D. Ill. · 2024 · confidence medium
Sept. 29, 2023) (citing Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996)).
discussed Cited as authority (rule) Davis v. Thompson (2×) also: Cited "see"
S.D. Ill. · 2024 · confidence medium
Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996). 5.
cited Cited as authority (rule) Patel v. Brennan
N.D. Ill. · 2023 · confidence medium
Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996); see also Celotex Corp, 477 U.S. at 322–23.
cited Cited as authority (rule) Leech v. Maine Township School District 207
N.D. Ill. · 2023 · confidence medium
Whether an individual is qualified for their position is determined “as of the time of the employment decision.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996).
discussed Cited as authority (rule) Sughayer v. Fifth Third Bank, N.A.
N.D. Ill. · 2023 · confidence medium
Ill. 2016) (defendant entitled to summary judgment on claim when plaintiff failed to respond to arguments raised in motion); Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562, n.2 (7th Cir. 1996) (same).
discussed Cited as authority (rule) Jadair International, Inc. v. American National Property & Casualty Company
7th Cir. · 2023 · confidence medium
In determin- ing whether a genuine dispute of material fact exists, we “view the evidence and draw all [reasonable] inferences in a way most favorable to the nonmoving party.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996).
cited Cited as authority (rule) Anderson v. Lawrence Hall Youth Services
N.D. Ill. · 2023 · confidence medium
Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996); see also Celotex Corp, 477 U.S. at 322–23.
cited Cited as authority (rule) Michael Hunter v. Kelly Mueske
7th Cir. · 2023 · confidence medium
Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996). 6 No. 22-1340 III.
cited Cited as authority (rule) Moore v. PNC Bank
N.D. Ill. · 2023 · confidence medium
Basden v. Professional Transp., Inc., 714 F.3d 1034, 1037 (7th Cir. 2013); Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996).
discussed Cited as authority (rule) Culp v. Reed
N.D. Ind. · 2023 · confidence medium
However, “Rule 803(4) does not purport to except, nor can it reasonably be interpreted as excepting, statements by the person providing the medical attention to the patient.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996); see also Green v. Schroeder, No. 12-CV-761-WMC, 2016 WL 4625495 , at *3 (W.D.
discussed Cited as authority (rule) Eberly v. Harnack
N.D. Ill. · 2022 · confidence medium
Bombard v. Fort Wayne Newspapers, Inc., 92 F. 3d 560, 562 (7th Cir. 1996) (citing Wigod v. Chicago Mercantile Exch., 981 F.2d 1510, 1518-19 (7th Cir. 1992)); FED.R.CIv.P. 56(e).
cited Cited as authority (rule) Mathias v. Dolgencorp, LLC
N.D. Ind. · 2022 · confidence medium
Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996).
cited Cited as authority (rule) Strickland v. Village of Bolingbrook
N.D. Ill. · 2022 · confidence medium
Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996).
cited Cited as authority (rule) HARVEY A. KALAN, M.D., INC. v. KORESKO FINANCIAL LP
E.D. Pa. · 2022 · confidence medium
Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996).
cited Cited as authority (rule) GREILS v. KORESKO FINANCIAL LP
E.D. Pa. · 2022 · confidence medium
Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996).
discussed Cited as authority (rule) Schneider v. United States Postal Service
E.D. Wis. · 2022 · confidence medium
The employer must then “engage with the employee in an ‘interactive process' to determine the appropriate accommodation under the circumstances.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir.1996).
discussed Cited as authority (rule) Lukes B. Ploetz
Bankr. E.D. Wis. · 2022 · confidence medium
“The Rule excepts statements made by a person seeking medical treatment to the person providing that attention.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 564 (7th Cir. 1996) (emphasis added).
discussed Cited as authority (rule) WHITE v. VALEO LIGHTING SYSTEMS NORTH AMERICA, INC.
S.D. Ind. · 2021 · confidence medium
The Seventh Circuit holds the determination of whether an individual is a "qualified individual with a disability" is a two-step test: "First, we consider whether the individual satisfies the prerequisites for the position, such as possessing the appropriate educational background, employment experience, skills, license, etc." Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996) (quoting 29 C.F.R. app. § 1630.2(m)).
discussed Cited as authority (rule) THOMAS v. I.U. HEALTH RILEY CHILDREN'S HOSPITAL
S.D. Ind. · 2021 · confidence medium
The Seventh Circuit holds the determination of whether an individual is a "qualified individual with a disability" is a two-step test: "First, we consider whether the individual satisfies the prerequisites for the position, such as possessing the appropriate educational background, employment experience, skills, license, etc." Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir.1996) (quoting 29 C.F.R. app. § 1630.2(m)).
cited Cited as authority (rule) Wrenn v. Exelon Generation LLC
N.D. Ill. · 2021 · confidence medium
Co., 151 F.3d 591, 601 (7th Cir. 1998) (citing Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir.1996)).
discussed Cited as authority (rule) Teague v. Healthcare Development Partners, LLC (2×)
N.D. Ill. · 2021 · confidence medium
Hearsay Evidence relied upon in opposition to a motion for summary judgment “must be competent evidence of a type otherwise admissible at trial.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996); Knuth v. Wexford Health Sources, Inc., 15 C 2666, 2018 WL 10799157 , at *11 (N.D.
discussed Cited as authority (rule) Neurology and Pain Management Associates P.C. v. Bunin
N.D. Ind. · 2021 · confidence medium
It is not the duty of this Court “to scour the record in search of evidence to defeat a motion for summary judgment; rather, the nonmoving party bears the responsibility of identifying applicable evidence.” See Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir. 1996).
Retrieving the full opinion text from the archive…
Peter H. BOMBARD, Plaintiff-Appellant,
v.
FORT WAYNE NEWSPAPERS, INCORPORATED, Defendant-Appellee
95-2918.
Court of Appeals for the Seventh Circuit.
Aug 12, 1996.
92 F.3d 560
1996 U.S. App. LEXIS 20184
1996 WL 452245
Christopher C. Myers (argued), Myers & Geisleman, Fort Wayne, IN, for plaintiff-appellant., John R. Burns, III, Steven L. Jackson (argued), Debra L. Schroeder, Baker & Daniels, Fort Wayne, IN, for defendant-appellee.
Kanne, Rovner, Wood.
Cited by 388 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 75%
Citer courts: D.C. Circuit (1) · S.D. Indiana (1)
KANNE, Circuit Judge.

Peter Bombard filed a complaint under the Americans with Disabilities Act against his former employer, Fort Wayne Newspapers, Inc., (“FWN”) alleging that FWN unlawfully failed to provide him with reasonable accommodation for his mental disability and then unlawfully discriminated against him by terminating him because of that disability. The district court granted summary judgment in favor of FWN. We affirm on the ground that Bombard failed to adduce sufficient evidence to make the necessary showing that he was a “qualified individual with a disability.”

I

Peter H. Bombard began working for FWN in May 1986, and during the time relevant to this lawsuit Bombard served FWN as an inside sales representative. In the year prior to March 1994, Bombard began suffering from various illnesses, including severe depression with psychotic features. As a result of his depression, Bombard requested and received a short-term disability leave for several weeks, and he was scheduled to return to work on March 23, 1994.

One week prior to his scheduled return, Bombard knew that he would be unable to come back to work on March 23. On the morning of March 23, Bombard experienced a suicidal episode and was physically and emotionally unable to call his supervisor at FWN to inform her that he would not be returning to work as scheduled.

Bombard’s first communication with FWN following his scheduled return date was his phone call to Charles Cammack, an employee in FWN’s personnel department, on March 25. Bombard told Cammack that his doctor had released him to work part-time. Cam-mack responded, “We have already made our decision. And you will be getting a letter.” Cammack called Bombard back ten minutes later and told him that FWN had decided to terminate him. Bombard subsequently received a termination letter signed by his supervisor, Greta Lesh, explaining that the reason for his termination was his failure to notify his manager that he would be absent from work. [1] Bombard had previously re[*562] ceived a written warning on February 9, 1994, for failing to notify his manager that he would not report to work on February 1 and 2. That letter had warned: “Any future infractions of this nature will result in more severe disciplinary action, up to and including termination.”

On October 5, 1994, Bombard filed a complaint against FWN alleging violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. [2] His complaint included two legally distinct, although temporally related, claims under the ADA. The first claim was that FWN failed to provide him with reasonable accommodation, as required by 42 U.S.C. § 12112(b)(5), by not allowing him to return to work part-time. The second claim was that FWN’s decision to discharge Bombard was premised upon the fact that he suffered from a disability, in violation of § 12112(b)(1).

The district court granted summary judgment on the first claim on the ground that Fort Wayne Newspapers did not breach its obligation to provide Bombard a reasonable accommodation because Bombard did not request an accommodation until after he had been terminated by FWN. The district court granted summary judgment on the second claim on the ground that Bombard had failed to produce sufficient evidence to show that FWN’s nondiscriminatory reason for terminating him — his failure to notify his manager that he would be absent — was a pretext. Bombard appeals the summary judgment with regard to both claims.

II

In reviewing a district court’s grant of summary judgment, we assess the record de novo and reach our own conclusions regarding law and fact. Thiele v. Norfolk & Western Ry. Co., 68 F.3d 179, 181 (7th Cir.1995). We will not resolve factual disputes or weigh conflicting evidence. We will only determine whether a genuine issue of material fact exists for trial, which is the case where “there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). In reaching a conclusion as to the presence of a genuine issue of material fact, we must view the evidence and draw all inferences in a way most favorable to the nonmoving party. Tolentino v. Friedman, 46 F.3d 645, 649 (7th Cir.), cert. denied, — U.S. -, 115 S.Ct. 2613, 132 L.Ed.2d 856 (1995).

Where there is no genuine issue of material fact, the sole question is whether the moving party is entitled to judgment as a matter of law. If the nonmoving party fails to establish the existence of an element essential to his ease, one on which he would bear the burden of proof at trial, summary judgment must be granted to the moving party. Richards v. Combined Ins. Co. of America, 55 F.3d 247, 251 (7th Cir.1995). It is not our function to scour the record in search of evidence to defeat a motion for summary judgment; we rely on the nonmoving party to identify with reasonable particularity the evidence upon which he relies. Id. The evidence relied upon must be competent evidence of a type otherwise admissible at trial. Thus, a party may not rely upon inadmissible hearsay in an affidavit or deposition to oppose a motion for summary judgment. Wigod v. Chicago Mercantile Exch., 981 F.2d 1510, 1518-19 (7th Cir.1992); see also Fed. R. Civ. P. 56(e).

In deciding an appeal, we may affirm the district court’s grant of summary judgment on a ground other than that relied upon by the district court below, so long as the alternative basis finds adequate support in the record. Meredith v. Allsteel, Inc., 11 F.3d 1354, 1358 (7th Cir.1993).

[*563] III

The pertinent part of the ADA provides:

No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

42 U.S.C. § 12112(a). The same section defines discrimination, in part, as

(5)(A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or
(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant.

42 U.S.C. § 12112(b)(5)(A) — (B). Reasonable accommodation may include such things as job restructuring and part-time or modified work schedules. 42 U.S.C. § 12111(9)(B). Before an employer may be liable for failing to provide an employee with reasonable accommodation, the employer must be aware of the employee’s disability. Beck v. University of Wisconsin Bd. of Regents, 75 F.3d 1130, 1134-35 (7th Cir.1996); Hedberg v. Indiana Bell Tel. Co., 47 F.3d 928, 934 (7th Cir.1995). Once an employer’s responsibility to provide reasonable accommodation is triggered, the employer must engage with the employee in an “interactive process” to determine the appropriate accommodation under the circumstances. Beck, 75 F.3d at 1135; see also 29 C.F.R. app., § 1630.9. However, we need not consider whether Bombard adduced sufficient evidence that FWN failed to provide reasonable accommodation or discharged him because of his disability. We find merit in FWN’s argument raised both below and on appeal that Bombard failed to make the predicate showing that he was a “qualified individual with a disability.”

The ADA proscribes discrimination against only “qualified individual[s] with a disability.” 42 U.S.C. § 12112(a); see also 29 C.F.R. § 1630.4; 29 C.F.R. app. § 1630.9. Unlawful discrimination under the ADA includes both discriminatory discharge and the failure to provide reasonable accommodation. 42 U.S.C. § 12112(a), (b)(5)(A). In order to protest such activity, the plaintiff must meet the definition of a “qualified individual with a disability.”

A “qualified individual with a disability” is defined, in relevant part, as: “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(9). Whether someone meets the definition of a “qualified individual with a disability” involves a two-step determination. 29 C.F.R. app. § 1630.2(m). First, we consider whether “the individual satisfies the prerequisites for the position, such as possessing the appropriate educational background, employment experience, skills, licenses, etc.” Id. If he does, then we must consider “whether or not the individual can perform the essential functions of the position held or desired, with or without reasonable accommodation.” Id. The determination as to whether an individual is a “qualified individual with a disability” must be made as of the time of the employment decision. Id. The plaintiff bears the burden of proof on this issue; he must be able to show that he is a “qualified individual with a disability” in order to successfully prosecute an ADA claim. See DeLuca v. Winer Indus., Inc., 53 F.3d 793, 797 (7th Cir.1995).

FWN does not dispute that Bombard met the first step, i.e., that he had the requisite experience, skill, and education to perform as an inside sales representative. Nor does Bombard dispute that he could not have performed the essential functions of his job without reasonable accommodation. The dispute concerns whether Bombard put forth[*564] sufficient evidence that he could perform the essential functions of his job with reasonable accommodation.

The only evidence Bombard offers in support of the fact that he is a “qualified individual with a disability” is his testimony in his deposition, repeated later in his affidavit: “I could have been put on part-time. In fact, on March 25, when I went to the doctor, before I knew I was terminated, that [sic] she said, ‘Well, why don’t we try and work just part time, half the day and gradually ease into it.’ ” Bombard properly acknowledges in his reply brief that his testimony regarding the doctor’s statement is hearsay. Reply Br. at 9. Nevertheless, he argues that his relation of the doctor’s statement is competent evidence that he was a “qualified individual” because the statement would otherwise be admissible under Fed. R. Evid. 803(4).

Rule 803(4) excepts the following from the realm of inadmissible hearsay:

Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.

Fed. R. Evid. 803(4). The Rule excepts statements made by a person seeking medical attention to the person providing that attention. Rule 803(4) does not purport to except, nor can it reasonably be interpreted as excepting, statements by the person providing the medical attention to the patient. See Gong v. Hirsch, 913 F.2d 1269, 1273-74 & n. 5 (7th Cir.1990) (detailing the limited scope of Rule 803(4)). Bombard’s testimony regarding his doctor’s statement, submitted for the purpose of establishing his ability to perform the essential functions of his job with accommodation, is therefore inadmissible and incompetent evidence to oppose summary judgment. See Wigod, 981 F.2d at 1519.

After removing from consideration the statement of Bombard’s doctor, it is clear that Bombard has failed to produce sufficient evidence to establish a genuine issue of material fact as to his ability to perform the essential functions of his job with reasonable accommodation. That conclusion is confirmed by Bombard’s deposition testimony where he states that he was “unable to work” beginning on January 31, 1994, and continuing at least through the date of the deposition, January 20,1995.

Because Bombard has failed to adduce sufficient evidence to show that he was a “qualified individual with a disability,” he was not entitled to the reasonable accommodation he requested, nor was he protected from being discharged because of his disability. The judgment of the district court is AFFIRMED.

1

. It is interesting to note that the record contains two substantially identical termination letters, one dated March 24 and the other dated March 25. In his deposition, Bombard identified the March 24 letter as the letter he received. Nei[*562] ther party proffered an explanation for the existence of the March 25 letter.

2

. Bombard's complaint also alleged that FWN violated the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., and Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq. Bombard abandoned his FMLA claim after failing to respond to the FMLA arguments in FWN’s motion for summary judgment. Bombard subsequently abandoned his Title VII claim when, after the district court granted FWN summary judgment on the ADA and Title VII claims, Bombard only appealed the summary judgment on his ADA claims.