Example 3 Of Substantial Limitation of Major Life Activities.

Example 3 Of Substantial Limitation of Major Life Activities. Claimant (CP) has a mild form of Type II, non- insulin-dependent diabetes and the condition requires CP to follow a strict regimen. She must adhere to a stringent diet, eat meals on a regular schedule, and ensure a proper balance between her caloric intake and her level of physical activity. A change of routine, such as a high- calorie meal or unexpected strenuous exercise, could result in blood-sugar levels that are dangerously high or low. CP's condition significantly restricts how she functions in her day- to-day life. CP, therefore, has an impairment (diabetes) that substantially limits one or more of her major life activities. In very rare instances, impairments are so severe that there is no doubt that they substantially limit major life activities. In those cases, it is undisputed that the complainant is an individual with a disability. Thus, courts accepted without discussion that a person was an individual with a disability when the impairment was insulin-dependent diabetes, manic depressive syndrome, and alcoholism. Further, according to the legislative history, an individual who has HIV infection (including asymptomatic HIV infection) is an individual with a disability. Just as medical documentation submitted by a charging party is relevant to determining whether the charging party has an impairment, it also is a good starting point for determining the extent to which a physical or mental impairment limits any of the charging party's major life activities. Such documentation often describes the restrictions that the impairment places on the charging party. For example, the documentation may state that the charging party cannot lift objects weighing more than a few pounds, cannot walk unassisted, or cannot hear at all. On the other hand, the documentation may state that the charging party's impairment results in only minimal limitations. The investigator should ask the charging party for copies of medical statements that describe the charging party's restrictions. In addition, the investigator should ask the respondent for copies of relevant medical documentation in the respondent's possession. Such documentation may include medical information that accompanied a request for light or limited duty as well as information obtained through fitness-for- duty examinations conducted or ordered by the respondent. If the investigator requests the information directly from a third party, rather than from the charging party or the respondent, then the investigator should obtain a signed medical release from the charging party and should submit the release with the request. Although medical documentation can provide important information about the restrictions that an impairment places on an individual, the investigator should not rely solely on this information. The investigator should obtain other available relevant information that describes the restrictions resulting from the impairment. In this regard, it is essential that the investigator obtain a statement in which the charging party describes the nature of his/her condition and explains how the condition limits his/her performance of major life activities. In addition, the investigator should obtain statements from other persons who have direct knowledge of the individual's restrictions. For example, persons such as friends and family members, supervisors, rehabilitation counselors, and occupational or physical therapists may be able to describe the restrictions that the individual's impairment places on the individual. Further, the investigator's own observations of the charging party may supply or confirm information about the charging party's restrictions. The information that the investigator obtains should be specific. For example, it is insufficient for the charging party merely to state that his/her condition interferes with the ability to walk. The charging party should explain the extent of the interference; that is, the charging party should provide such information as whether the condition prevents him/her from walking at all, whether (s)he can walk under certain conditions, and whether (s)he can walk for short or long distances and periods.