THE E-COMMERCE DIMENSION:

1. If Rohr could have monitored his condition and regimen through a cell phone or other portable Internet connection, would the result in this case likely have been affected? Explain.

THE LEGAL ENVIRONMENT DIMENSION:

2. Salt River argued that type 1 diabetes is harder to control than Rohr's type 2 diabetes. Assuming this is true, would it support a conclusion that Rohr does not suffer from a disability? Why or why not?

CASE BACKGROUND AND FACTS:

- Diabetes is a chronic disease associated with increased risks such as heart disease, stroke, high blood pressure, blindness, kidney disease, nervous system disease, and amputations.
- Larry Rohr has type 2 diabetes, which results from the body's failure to use insulin properly. He experiences fatigue, high blood pressure, deteriorating vision, and loss of feeling in his hands and feet.
- His daily regimen includes insulin injections, other medications, blood tests, and a strict diet. Failure to adhere to this regimen results in elevated blood sugar levels, worsening his condition.
- At the time of his diagnosis, Rohr was a welding metallurgy specialist for the Salt River Project Agricultural Improvement and Power District, which provides utility services in Arizona.
- Due to the need to manage his diabetes, Rohr's physician restricted him from tasks requiring overnight, out-of-town travel. Salt River informed Rohr that this restriction would prevent him from performing essential job functions, such as responding to power outages.
- Rohr was asked to transfer, apply for disability benefits, or take early retirement. He filed a suit alleging discrimination, but the federal district court ruled in favor of the employer. Rohr appealed.

COURT'S ANALYSIS:

- The ADA defines "disability" as a physical or mental impairment that substantially limits one or more major life activities. Diabetes is considered a physical impairment affecting the digestive, hemic (blood), and endocrine systems.
- Eating is a major life activity, and the inquiry into whether Rohr's diabetes substantially limits his eating is individualized.
- The court must compare the condition, manner, or duration under which Rohr can eat compared to the average person.
- The court must also consider whether the efforts to mitigate the disease substantially limit Rohr's life activities.
- For insulin-dependent diabetics like Rohr, failing to take insulin results in severe issues and eventually death. Insulin injections can be dangerous due to varying insulin needs based on food and activity levels.
- Rohr must test his blood glucose levels frequently and adhere to a strict eating schedule. This includes snacking regularly, planning his day around meals, and eating immediately when necessary to avoid dizziness or light-headedness.
- For most people, minor deviations from a diet do not pose medical concerns. However, for Rohr, controlling his diet is itself substantially limiting.

DECISION AND REMEDY:

- The U.S. Court of Appeals for the Ninth Circuit vacated the lower court's judgment and remanded the case for trial. Diabetes satisfies the ADA's definition of "disability" if it significantly restricts an individual's eating.

If Larry Rohr could have monitored his condition and regimen through a cell phone or other portable Internet connection, it is likely that the result in this case would have been affected.

Monitoring his condition and regimen remotely would have provided Rohr with greater accessibility and convenience in managing his diabetes. With real-time access to his health data, he would have been able to closely track his blood sugar levels, dietary intake, medication schedules, and overall health status.

By having this technology at his disposal, Rohr could have potentially improved his self-care and adherence to his prescribed regimen. The ability to receive reminders, alerts, and personalized recommendations through a mobile device could have aided him in making informed decisions regarding his diet and overall diabetes management. This could have potentially led to better control of his diabetes, minimizing the risk of complications and enhancing his ability to perform the essential functions of his job.

The Legal Environment Dimension:

Salt River argued that type 1 diabetes is harder to control than Rohr's type 2 diabetes. However, the argument that type 1 diabetes is more challenging to manage does not support a conclusion that Rohr does not suffer from a disability. The determination of disability under the Americans with Disabilities Act (ADA) is not based on the relative difficulty of managing a condition compared to other forms of the same condition.

In this case, the court focused on whether Rohr's diabetes substantially limited his major life activity of eating. The court recognized that Rohr's efforts to mitigate his diabetes, including strict dietary control, blood glucose monitoring, and insulin injections, constituted a substantial limitation. The fact that Rohr needed to snack regularly, plan his daily schedule around his diet, and take immediate action when feeling dizzy or light-headed demonstrated the substantial impact of his diabetes on his eating habits and overall lifestyle.

The court's decision emphasizes that the determination of disability should be made based on an individualized inquiry, comparing the condition, manner, or duration under which the person can perform a major life activity to that of the average person in the general population. In Rohr's case, his diabetes imposed significant limitations on his eating, even with the use of medication and insulin.

Therefore, the argument that type 1 diabetes may be more challenging to control does not negate the fact that Rohr's type 2 diabetes substantially limited his major life activity of eating, thereby supporting a conclusion that he suffers from a disability under the ADA.

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