Branham v. Snow
| Citation | 392 F.3d 896 |
| Decision Date | 17 December 2004 |
| Docket Number | No. 03-3599.,03-3599. |
| Parties | Gary L. BRANHAM, Plaintiff-Appellant, v. John W. SNOW, Secretary, United States Department of Treasury/Internal Revenue Service, Defendant-Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
Elizabeth G. Russell, Krieg Devault, Indianapolis, IN, John W. Griffin (Argued) Houston, Marek & Griffin, Victoria, TX, for Plaintiff-Appellant.
Jeffrey L. Hunter (Argued), Office of the United States Attorney, Indianapolis, IN, for Defendant-Appellee.
Before CUDAHY, RIPPLE and ROVNER, Circuit Judges.
Gary L. Branham brought this action under the Rehabilitation Act of 1973 ("Rehabilitation Act" or "the Act"), 29 U.S.C. § 701 et seq., against his employer, the Internal Revenue Service ("IRS"), for failing to hire him as a Criminal Investigator in its Criminal Investigation Division. The district court granted the IRS' motion for summary judgment on the ground that Mr. Branham was not disabled for purposes of the Rehabilitation Act. For the reasons set forth in the following opinion, we now reverse the judgment of the district court and remand the case for proceedings consistent with this opinion.
Mr. Branham has Type I insulin-dependent diabetes, a noncurable metabolic condition characterized by elevated blood sugar (hyperglycemia). Type I diabetics use insulin to lower their blood sugar levels (the long term effects of chronically elevated blood sugar include heart disease, kidney disease, nerve disease and blindness). However, excessive use of insulin may cause too much sugar to leave the bloodstream, leading to abnormally low blood sugar levels (hypoglycemia). A person with mild to moderate hypoglycemia may experience symptoms including tremors, sweating, irritability, confusion and drowsiness. Eating simple carbohydrates will raise the blood sugar level in an individual with mild to moderate hypoglycemia. Severe hypoglycemia may lead to unconsciousness and convulsions and can be life-threatening.
In order to keep his blood sugar at an appropriate level, Mr. Branham follows a treatment regimen formulated by his physician, Dr. Paul Skierczynski. Mr. Branham must check his blood sugar level four to five times a day. He controls his blood sugar through the use of insulin1 and through diet and exercise. The readings produced by Mr. Branham's blood sugar tests dictate the amount of insulin that he must administer, as well as when and what type and amount of food he can eat. It is possible for Mr. Branham to skip or delay meals on occasion.
Although Mr. Branham never has experienced a severe hyperglycemic or hypoglycemic reaction, approximately once every three weeks he does suffer from minor reactions to low blood sugar, including trembling and sweating. At all times, Mr. Branham keeps with him additional insulin and a certain amount of carbohydrates, for use in the event his blood sugar level falls below an acceptable level.
Mr. Branham has worked for the IRS as a revenue agent since 1986. In 1998, he applied for the position of criminal investigator. The qualification standards for the position of "Criminal Investigator — Treasury Enforcement Agent" include requirements for undergraduate and graduate education and work experience. There are further requirements with respect to motor vehicle operation, use of firearms and maximum entry age. Most pertinently, the standards establish general and particular medical requirements. Specifically, the standards clearly state that "these positions require moderate to arduous physical exertion involving walking and standing, use of firearms, and exposure to inclement weather." R.45, Attachment C-2 at 18. A paragraph on "Special Medical Requirements" directs that "[s]ince the duties of these positions are exacting and involve the responsibility for the safety of others under trying conditions ... [a]ny condition that would hinder full, efficient performance of the duties of these positions or that would cause the individual to be a hazard to himself/herself or to others is disqualifying." Id.
The qualification standards point out that "[a]ppointment will be contingent upon a candidate's passing a pre-employment medical examination ... to ascertain possession of the physical and emotional requirements for the position." Id. Likewise, "[a]ny chronic disease or condition affecting the... endocrine ... system[ ] that would impair full performance of the duties of the position is disqualifying." Id. at 19.
In March 1999, Mr. Branham was notified by letter of his "tentative selection" for the position of criminal investigator, "pending the satisfactory outcome of [a] ... physical examination."2 R.45, Attachment C-4 (emphasis in original). After Mr. Branham was given a physical exam, Dr. Richard J. Miller, the Director of Federal Law Enforcement Programs and Federal Occupational Health, concluded that Mr. Branham was not medically qualified for the position of criminal investigator. After reviewing Mr. Branham's medical history, the results of his medical examination and the report of his private physician, Dr. Miller determined that Mr. Branham could not perform the essential functions of the position with or without reasonable accommodation. R.45, Attachment C-10. Dr. Miller noted that the job "requires the ability to work irregular hours, respond to unanticipated requests, and react in a timely and appropriate manner in an emergency or crisis." Id. He opined that, if Mr. Branham performed "essential job functions of a Special Agent in the environment that these functions are generally performed," Mr. Branham likely would suffer "subtle and/or sudden incapacitation," which "would place the applicant and others (other Special Agents, the public) at an extreme risk of safety that would be unacceptable." Id.
In June 1999, Mr. Branham received a letter from the IRS informing him that he was "medically disqualified for the position of Criminal Investigator." R.45, Attachment C-11 at 1. According to the letter, the IRS had determined that Mr. Branham could not "perform the essential functions of the job ... with or without accommodation." Id. The letter further explained that
[t]he position requires the ability to work irregular hours, respond to unanticipated requests and react in a timely and appropriate manner to an emergency or crisis. Subtle and/or sudden incapacitation would place the applicant and others (other Special Agents, the public) at an extreme risk of safety and would be unacceptable.
Id. After the IRS notified Mr. Branham of its decision, he unsuccessfully pursued an administrative appeal. He later brought this action under the Rehabilitation Act.
Before the district court, the IRS sought summary judgment against Mr. Branham. The IRS took the position that Mr. Branham was not disabled under the Rehabilitation Act. In the alternative, the IRS submitted that Mr. Branham was not qualified for the position of criminal investigator because he could not perform the essential functions of the job without creating a safety threat to himself or others. Mr. Branham moved for partial summary judgment against the IRS. He submitted that the IRS had failed to prove that he presented a direct threat to his own safety or that of others.
The district court determined that Mr. Branham was not disabled for purposes of the Rehabilitation Act and granted summary judgment to the IRS.3 Specifically, the court found that Mr. Branham's diabetes, although constituting a physical impairment, does not substantially limit him in the major life activities of eating and caring for himself because he can "take care of himself, although by dint of greater effort than would be required of a non-diabetic," and because there is "no restraint on his physical activities and he exercises regularly." R.68 at 15. The district court distinguished this court's decision in Lawson v. CSX Transportation, Inc., 245 F.3d 916 (7th Cir.2001), on the grounds that Mr. Branham's own physician had found that Mr. Branham had very good control of his diabetes, whereas Lawson had been unable properly to control his blood sugar; as well, Mr. Branham had shown himself capable of continued employment, while Lawson's diabetes for several years had rendered him unable to maintain employment. The district court also distinguished this court's decision in Nawrot v. CPC International, 277 F.3d 896 (7th Cir.2002), on the ground that Mr. Branham's symptoms were much less severe than those experienced by the diabetic plaintiff in that case.
The district court also held that Mr. Branham was not disabled for purposes of the Rehabilitation Act because the IRS had not regarded him as disabled. The court found that Dr. Miller did not believe Mr. Branham was substantially limited in any major life activities.
We review the district court's grant of summary judgment de novo, viewing the record in the light most favorable to Mr. Branham, the nonmoving party. Lawson, 245 F.3d at 922. Summary judgment will be affirmed "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). Summary judgment "will not be sustained if `the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Lawson, 245 F.3d at 922 (quoting Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).
The Rehabilitation Act protects a "qualified individual with a disability" from discrimination solely because of his disability in any program receiving federal financial assistance. 29 U.S.C. § 794(a). To make out a prima facie case under the...
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