In the present case, complainant states that he has type II diabetes,
a condition that he states is permanent. In his affidavit, complainant
states that he takes insulin and other medication to control his diabetes.
The record contains Certification of Health Care Provider submitted
as support for FMLA leave in which complainant’s doctor notes that
complainant’s diabetes is a lifelong condition which commenced in
January 2000. The doctor notes that complainant follows up with an
endocrinologist for the condition and has eye and feet examinations with
diabetes specialists. The doctor states that as a result of his diabetes,
complainant suffers from morbid obesity, Gastroesophageal Reflux Disease,
sleep apnea, vision problems, high or low blood sugars, syncopy, and vaso
vagel episodes. Complainant states that he has had several low blood
sugar episodes at work and at home and states that he has to eat something
right away when this happens or he could go into diabetic shock. In an
October 2, 2004 letter, complainant notes one incident at work when his
blood sugar was low and he passed out and hit his head on a bathroom wall.
Additionally, complainant states that his vision gets blurry when his
sugar gets too high. The record also contains a Temporary Light Duty
Assignment form signed by complainant’s ophthalmologist on September 24,
2004, stating that complainant has 20/20 central vision in both eyes
and temporal loss visual field bilaterally.
While it is clear that complainant’s diabetes constitutes a physical
impairment, we find the record does not contain sufficient information
to determine whether complainant’s diabetes substantially limits a major
life activity. While the record shows that complainant is a diabetic
who suffers many symptoms from his diabetes, the record is devoid
of any information regarding how frequently complainant, in fact,
experiences episodes of hyperglycemia and hypoglycemia, to include
the duration of such episodes. The record also lacks any account of
the type of symptoms complainant experiences during these episodes,
nor their frequency or severity. Although complainant described one
incident in October 2, 2004, when his blood sugar was low and he passed
out, the record lacks information detailing the frequency with which
complainant experiences this complication, nor any description of its
severity, to include whether complainant must seek emergency medical
attention or requires hospitalization.
Moreover, while complainant states that when his blood sugar gets too low,
he must eat something immediately, the record is completely devoid of
information as to whether complainant must adhere to a restricted diet
and/or a strict eating schedule, or the measures he must take regarding
the medical consequences, if any, associated with what he eats, how much
he eats, and when he eats.
