Full opinion text
MEMORANDUM AND ORDER CRONE, United States Magistrate Judge. Pending before the court is Defendants Shell Oil Company and Shell Oil Products Company’s (collectively “Shell”) Motion for Summary Judgment (# 13). Shell seeks summary judgment on Plaintiff Kenneth R. Lottinger’s (“Lottinger”) claims for disability discrimination under the Texas Commission on Human Rights Act (“TCHRA”), Tex. Lab. Code Ann. §§ 21.001-21.128, and the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12113; his claims for violations of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§ 2601-2654, and the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132; and his common law claim for intentional infliction of emotional distress. Having reviewed the pending motion, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that summary judgment is warranted. I. Background Lottinger was hired by Shell in January 1980 to work in Shell’s Retail Marketing Division. While employed by Shell, he held various positions within the company. At the time of his termination, he was a senior administrative representative in the Marketing Real Estate Division. Lottinger contends that he was diagnosed with depression in 1995 and subsequently began abusing alcohol. According to Lottinger, in March 1996, he began attending Alcoholics Anonymous (“AA”) meetings to assist with combating his alcoholism. In June 1996, Lottinger informed Shell that he was abusing alcohol, and Shell arranged for his admission to an outpatient program called “The Right Step,,” located in downtown Houston. Soon thereafter, he entered The Right Step’s residential rehabilitation program after determining that he needed more than outpatient care. While there, Shell’s Employee Assistance Program (“EAP”) Administrator, Bud Peterson (“Peterson”), visited him to inquire about the status of his recovery. Lottinger remained in inpatient care for approximately thirty days. Lottinger does not recall the exact date of his release from The Right Step. According to Lottinger, on July 22, 1996, after receiving approximately twenty-four hours’ notice, he was called to attend a meeting with Peterson, Claude Hudson (“Hudson”), the head of the Real Estate Division, and Lou Wilson (“Wilson”) a representative of the Human Resources Department. During the meeting, Lottinger signed a “return-to-work” agreement that conditioned his continued employment on, among other things, abstention from aleo-hoi abuse, verified attendance at three AA meetings per week, and meetings with substance-abuse treatment counselors until July 22, 1997, as well as random drug tests for forty-eight months. The agreement further provided that non-compliance would likely result in his termination. Lottinger claims that, because of his state of mind at the time, he did not fully understand what he was signing and that the document was unduly vague as to how often he was to meet with counselors. He states, however, “At that point I was willing to do anything to keep my job. That’s why I signed the letter.” The agreement also stated, “Since you self-identified your substance abuse problem and completed a company approved treatment and rehabilitation program, you are permitted a second such self-referral.” Lottinger maintains that it was unreasonable for Shell to allow him only one additional self-referral should he experience further problems. He also contends that it was inappropriate to require him to obtain the signatures of AA chairpersons on certificates verifying his attendance at meetings because it made it appear that he was being forced to be there and delayed him from joining fellow AA members directly after the meetings. Lottinger asserts that two to three days after his return to Shell, his supervisor, Lloyd Logan (“Logan”), informed him that his job title had been changed from coordinator to team leader. He contends that, over time, Logan removed some of his prior duties, added extensive clerical duties to his responsibilities, and ultimately changed his job title to that of a team member. He also complains that, in addition to his regular proposal work, he was required to develop a real estate database, which involved pulling numerous files and entering data on a spreadsheet. There is no indication that his compensation or benefits were ever reduced during the time period at issue. Lottinger also maintains that he was embarrassed by the manner in which the random drug tests were conducted, as he had to leave his department without notice and did not feel that he could explain where he was going to his coworkers. He complains that Shell “could have been a little more flexible about the timing of it as opposed to just ‘you have to report now.’ ” In August 1996, Lottinger relapsed into alcohol abuse and, after notifying Shell, he was readmitted into The Right Step residential program. Following his release, during a meeting with Hudson and Peterson on September 9, 1996, Lottinger executed another “return-to-work” agreement. He concedés that he read over the agreement and that Hudson and Peterson went over the agreement with him before he signed it. In May 1997, Lottinger again relapsed into alcohol abuse. He maintains that he became suicidal and that his wife had him admitted into the psychiatric unit at St. Joseph’s Hospital in Houston, where he remained for seven days. Lottinger.con-tends that, after being released from the hospital, Peterson gave him the impression that he had been discharged, telling him that he would have to await final word, although there is no indication that Shell stopped paying his salary at that point in time. After two or three weeks at home, he started drinking again and was readmitted into The Right Step residential program for four to five days. According to Lottinger, Peterson and some counselors at Shell informed him that he was required to remain in a lockup facility known as “A Better Way” for one year in order to be considered for reemployment. Lottinger states that he checked himself into A Better Way and remained there until June 30, 1997, when Shell officially terminated his employment. According to Lottinger, during the meeting at which he was terminated, he was first told that the reason for his discharge was that he had failed to attend sufficient AA meetings and did not submit the required paperwork. He contends that when he explained to Hudson and another Human Resources representative that he was, in fact, in compliance with the meeting requirements to the extent possible given his recent hospitalization and that he simply had not had the opportunity to submit his paperwork, the Shell representatives went into the hallway, returned a short time later, and said, “We have decided to fire you because you drank again.” Lottinger returned to The Better Way for a few months, and as of June 1, 1999, the date of his deposition, he reported experiencing no further alcohol abuse problems, although alcoholism remained “an ongoing daily battle.” On June 22, 1998, Lottinger filed suit in the 189th Judicial District Court of Harris County, Texas, seeking relief from Shell for disability discrimination under the TCHRA and intentional infliction of emotional distress. On June 25, 1999, he amended his petition to include federal law claims under the ADA, the FMLA, and ERISA. On July 1, 1999, Shell removed the action to federal court. In his amended petition, Lottinger alleges that while employed in the Real Estate Division, he suffered from depression and alcoholism. He further contends that, after giving notice of his alcohol abuse, Shell engaged in retaliatory, harassing, and discriminatory conduct and disparate treatment toward him in an attempt to force him to resign. Lottinger also claims that Shell is liable for intentional infliction of emotional distress because, after the company became aware of his alcohol problem, he was subjected to two reductions in job title, undesirable assignments, criticism, random drug tests, and, ultimately, termination. On February 15, 2001, Shell filed its motion for summary judgment, asserting that Lottinger is time-barred from bringing his cause of action under the TCHRA because he failed to file a charge of discrimination within 180 days of his dismissal and failed to file the instant lawsuit within sixty days of receipt of his notice of right to sue. Shell also argues that Lot-tinger is not “disabled” as that term is defined in the TCHRA and the ADA. Shell further asserts that Lottinger can produce no evidence that Shell discriminated against him in violation of the FMLA. Additionally, Shell contends that Lottinger’s termination was not a pretext to deny him an ERISA-protected benefit. Finally, Shell maintains that the actions leading to Lottinger’s termination did not rise to the level of extreme and outrageous conduct, as necessary for recovery for intentional infliction of emotional distress. II. Analysis A. Summary Judgment Standard Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). The parties seeking summary judgment bear the initial burden of informing the court of the basis for their motion and identifying those portions of the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, if any, which they believe demonstrate the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Colson v. Grohman, 174 F.3d 498, 506 (5th Cir.1999); Marshall v. East Carroll Parish Hosp. Serv. Dist., 134 F.3d 319, 321 (5th Cir.1998); Wenner v. Texas Lottery Comm’n, 123 F.3d 321, 324 (5th Cir.1997), cert. denied, 523 U.S. 1073, 118 S.Ct. 1514, 140 L.Ed.2d 667 (1998). Where a defendant moves for summary judgment on the basis of an affirmative defense and, thus, bears the ultimate burden of persuasion, “it must adduce evidence to support each element of its defenses and demonstrate the lack of any genuine issue of material fact with regard thereto.” Rushing v. Kansas City S. Ry. Co., 185 F.3d 496, 505 (5th Cir.1999), cert. denied, 528 U.S. 1160, 120 S.Ct. 1171, 145 L.Ed.2d 1080 (2000) (citing Exxon Corp. v. Oxxford Clothes, Inc., 109 F.3d 1070, 1074 (5th Cir.), cert. denied, 522 U.S. 915, 118 S.Ct. 299, 139 L.Ed.2d 231 (1997)); see Fontenot v. Upjohn Co., 780 F.2d 1190, 1194 (5th Cir.1986). A genuine issue of material fact exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The moving parties, however, need not negate the elements of the nonmovant’s case. See Wallace v. Texas Tech Univ., 80 F.3d 1042, 1047 (5th Cir.1996) (citing Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994)). Once a proper motion has been made, the nonmoving party may not rest upon mere allegations or denials in the pleadings but must present affirmative evidence, setting forth specific facts, to show the existence of a genuine issue for trial. See Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548; Anderson, 477 U.S. at 257, 106 S.Ct. 2505; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585-86, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Colson, 174 F.3d at 506; Marshall, 134 F.3d at 321-22; Wallace, 80 F.3d at 1047; Little, 37 F.3d at 1075. “[T]he court must review the record ‘taken as a whole.’” Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (quoting Matsushita Elec. Indus. Co., 475 U.S. at 587, 106 S.Ct. 1348). All the evidence must be construed “in the light most favorable to the nonmov-ing party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996) (citing Lindsey v. Prive Corp., 987 F.2d 324, 327 n. 14 (5th Cir.1993)); see Reeves, 530 U.S. at 150, 120 S.Ct. 2097; Colson, 174 F.3d at 506; Marshall, 134 F.3d at 321; Messer v. Meno, 130 F.3d 130, 134 (5th Cir.1997), cert. denied, 525 U.S. 1067, 119 S.Ct. 794, 142 L.Ed.2d 657 (1999); Hart v. O’Brien, 127 F.3d 424, 435 (5th Cir.1997), cert. denied, 525 U.S. 1103, 119 S.Ct. 868, 142 L.Ed.2d 770 (1999). “The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Palmer v. BRG of Ga., Inc., 498 U.S. 46, 49 n. 5, 111 S.Ct. 401, 112 L.Ed.2d 349 (1990); see Marshall, 134 F.3d at 321. The evidence is construed “in favor of the nonmoving party, however, only when an actual controversy exists, that is, when both parties have submitted evidence of contradictory facts.” Olabisiomotosho v. City of Houston, 185 F.3d 521, 525 (5th Cir.1999); accord Little, 37 F.3d at 1075 (“We do not ... in the absence of any proof, assume that the nonmoving party could or would prove the necessary facts ”) (emphasis in original) (citing Lujan v. National Wildlife Fed’n, 497 U.S. 871, 888, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990)). Furthermore, “‘only reasonable inferences can be drawn from the evidence in favor of the nonmoving party.’ ” Eastman Kodak Co. v. Image Tech Servs., 504 U.S. 451, 469 n. 14, 112 S.Ct. 2072, 119 L.Ed.2d 265 (1992) (emphasis in original) (quoting H.L. Hayden Co. of N.Y., Inc. v. Siemens Med. Sys., Inc., 879 F.2d 1005, 1012 (2d Cir.1989)). “If the [nonmoving party’s] theory is ... senseless, no reasonable jury could find in its favor, and summary judgment should be granted.” Id. at 468-69, 112 S.Ct. 2072. The nonmovant’s burden is not satisfied by “some metaphysical doubt as to material facts,” conclusory allegations, unsubstantiated assertions, speculation, the mere existence of some alleged factual dispute, or “only a scintilla of evidence.” Little, 37 F.3d at 1075; see Hart, 127 F.3d at 435; Wallace, 80 F.3d at 1047; Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1429 (5th Cir.1996) (citing Forsyth v. Barr, 19 F.3d 1527, 1533 (5th Cir.), cert. denied, 513 U.S. 871, 115 S.Ct. 195, 130 L.Ed.2d 127 (1994)); State Farm Life Ins. Co. v. Gutterman, 896 F.2d 116, 118 (5th Cir.1990) (citing Anderson, 477 U.S. at 247-48, 106 S.Ct. 2505). Summary judgment is mandated if the nonmovant fails to make a showing sufficient to establish the existence of an element essential to his case on which he bears the burden of proof at trial. See Nebraska v. Wyoming, 507 U.S. 584, 590, 113 S.Ct. 1689, 123 L.Ed.2d 317 (1993); Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548; Wenner, 123 F.3d at 324. “In such a situation, there can be ‘no genuine issue as to any material fact’ since a complete failure of proof concerning an essential element of the non-moving party’s case necessarily renders all other facts immaterial.” Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548. B. Texas Commission on Human Rights Act The TCHRA provides: An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses to hire an individual, discharges an individual, or discriminates against an individual in connection with compensation or the terms, conditions, or privileges of employment; or (2) limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee. Tex. Lab. Code Ann. § 21.051. “In enacting the TCHRA, the Legislature intended to correlate state law with federal law in employment discrimination cases.” M.D. Anderson Hosp. & Tumor Inst. v. Willrich, 28 S.W.3d 22, 24 (Tex.2000) (citing Tex. Lab. Code Ann. § 21.001; NME Hosps., Inc. v. Rennels, 994 S.W.2d 142, 144 (Tex.1999)); accord Vielma v. Eureka Co., 218 F.3d 458, 462 (5th Cir.2000); Grogan v. Savings of Am., Inc., 118 F.Supp.2d 741, 747 (S.D.Tex.), aff'd, 202 F.3d 265 (5th Cir.1999); Wal-Mart Stores, Inc. v. Lane, 31 S.W.3d 282, 295 (Tex.App.—Corpus Christi 2000, no pet.); Fields v. Teamsters Local Union No. 988, 23 S.W.3d 517, 524 (Tex.App.—Houston [1st Dist.] 2000, no pet.). The statute specifically states that one of its purposes is to “provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments (42 U.S.C. Section 2000e et seq.).” Tex. Lab. Code Ann. § 21.001; see Talk v. Delta Airlines, Inc., 165 F.3d 1021, 1024 n. 4 (5th Cir.1999); Grogan, 118 F.Supp.2d at 747; NME Hosps., Inc., 994 S.W.2d at 144; Caballero v. Central Power & Light Co., 858 S.W.2d 359, 361 (Tex.1993); Schroeder v. Texas Iron Works, Inc., 813 S.W.2d 483, 485 (Tex.1991). In keeping with the expressed legislative intent, the TCHRA is interpreted in a manner consistent with federal laws prohibiting employment discrimination. See Daniels v. City of Arlington, 246 F.3d 500, 507 (5th Cir.2001); Grogan, 118 F.Supp.2d at 747; Willrich, 28 S.W.3d at 24; Specialty Retailers, Inc. v. DeMoranville, 933 S.W.2d 490, 492 (Tex.1996); Lane, 31 S.W.3d at 295. Thus, “the same burden-shifting framework used to analyze a case under the federal discrimination statutes applies under the Texas statute.” Grogan, 118 F.Supp.2d at 747; accord Talk, 165 F.3d at 1024 n. 5; Jenkins v. Guardian Indus. Corp., 16 S.W.3d 431, 436-37 (Tex.App.—Waco 2000, no pet.); see Willrich, 28 S.W.3d at 24. Indeed, Texas courts considering TCHRA claims have noted that “[b]ecause the TCHRA seeks to promote federal civil rights policy and because Texas has little case law interpreting the TCHRA, it is proper to look to analogous federal precedent.” Fields, 23 S.W.3d at 524; accord Specialty Retailers, Inc., 933 S.W.2d at 492; Speer v. Presbyterian Children’s Home & Serv. Agency, 847 S.W.2d 227, 232 (Tex.1993); Morrison v. Pinkerton Inc., 7 S.W.3d 851, 854 (Tex.App.—Houston [1st Dist.] 1999, no pet.). Therefore, the court analyzes Lottinger’s claims under the TCHRA in the same manner it would analyze a similar claim brought under the ADA. See Zenor v. El Paso Healthcare Sys., Ltd., 176 F.3d 847, 852 (5th Cir.1999); Grogan, 118 F.Supp.2d at 747; Deaver v. Texas Commerce Bank, 886 F.Supp. 578, 585 (E.D.Tex.1995), aff'd, 79 F.3d 1143 (5th Cir.1996); see also Talk, 165 F.3d at 1024 n. 4; Willrich, 28 S.W.3d at 24; Kiser v. Original, Inc., 32 S.W.3d 449, 452 (Tex.App.—Houston [14th Dist.] 2000, no pet.). “The same basic standards and definitions are used under the TCHRA, the ADA, and the Rehabilitation Act.” Morrison, 7 S.W.3d at 854 n. 4. Thus, if summary judgment is appropriate on a plaintiffs ADA claims, it is also appropriate on his TCHRA claims. See Allison v. City of Fort Worth, 60 F.Supp.2d 589, 593-94 (N.D.Tex.1999) (citing Patton v. United Parcel Serv., Inc., 910 F.Supp. 1250, 1262 (S.D.Tex.1995)). 1. Statute of Limitations The TCHRA establishes a comprehensive administrative review system for obtaining relief from unlawful employment practices. See Schroeder, 813 S.W.2d at 485; Eckerdt v. Frostex Foods, Inc., 802 S.W.2d 70, 71 (Tex.App.—Austin 1990, no writ). Before suing for redress, an employee must exhaust the administrative remedies available under the Act. See Caballero, 858 S.W.2d at 360; Schroeder, 813 S.W.2d at 486. A person claiming to be aggrieved by an unlawful employment practice must file a complaint with the Texas Commission on Human Rights (“TCHR”) within 180 days of the alleged discriminatory act. See Tex. Lab. Code Ann. § 21.202(a) (“A complaint under this subchapter must be filed not later than the 180th day after the date the alleged unlawful employment practice occurred”); Specialty Retailers, Inc., 933 S.W.2d at 492; Schroeder, 813 S.W.2d at 486; Wal-Mart Stores, Inc. v. Davis, 979 S.W.2d 30, 41 (Tex.App.—Austin 1998, no pet.); O’Bryant v. City of Midland, 949 S.W.2d 406, 417 (Tex.App.—Austin 1997), aff'd in part & rev’d in part on other grounds, 18 S.W.3d 209 (Tex.2000); Vincent v. West Tex. State Univ., 895 S.W.2d 469, 473 (Tex.App.—Amarillo 1995, no writ); Eckerdt, 802 S.W.2d at 71. These requirements ensure that “the Commission [has an] opportunity to investigate the allegations, informally eliminate any discrimination, and minimize costly litigation.” Vincent, 895 S.W.2d at 473. The time limit for filing a complaint with the Commission is mandatory and jurisdictional. See Specialty Retailers, Inc., 933 S.W.2d at 492; Schroeder, 813 S.W.2d at 488; O’Bryant, 949 S.W.2d at 417; Vincent, 895 S.W.2d at 473. State law claims of employment discrimination are time-barred when filed after the 180-day period, while the same claims brought under federal law would be timely if filed within 300 days of the alleged discriminatory conduct. See Pope v. MCI Telecomms. Corp., 937 F.2d 258, 263-64 (5th Cir.1991), cert. denied, 504 U.S. 916, 112 S.Ct. 1956, 118 L.Ed.2d 558 (1992). If the Commission dismisses the complaint or has not filed suit or negotiated a conciliation agreement within 180 days after the filing of the complaint, it must notify the complainant in writing. See Tex. Lab. Code Ann. § 21.208; Schroeder, 813 S.W.2d at 486; Eckerdt, 802 S.W.2d at 71. The complainant may request from the Commission a written notice of right to file a civil action. See Schroeder, 813 S.W.2d at 486; Tex. Lab. Code Ann. § 21.252. Nevertheless, the “[flailure to issue the notice of a complainant’s right to file a civil action does not affect the complainant’s right ... to bring a civil action against the respondent.” Id. at § 21.252(d); Eckerdt, 802 S.W.2d at 71; Green v. Aluminum Co. of Am., 760 S.W.2d 378, 380 (Tex.App.— Austin 1988, no writ). Within sixty days of receiving the notice of right to sue, the complainant may bring suit against the party named in the complaint. See Schroeder, 813 S.W.2d at 486; Eckerdt, 802 S.W.2d at 71; Tex. Lab. Code Ann. § 21.254 (“Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action against the respondent”). Although the sixty-day period is not considered jurisdictional under Texas law, actions filed in federal court after the expiration of sixty days are routinely dismissed as untimely. See Eckerdt, 802 S.W.2d at 71; see, e.g., Dean v. Xerox Corp., No. Civ. A. 3:96-CV-2409-D, 1997 WL 756574, at *2 (N.D.Tex. Nov.25, 1997); Battee v. Eckerd Drugs, Inc., No. 396CV1551-R, 1997 WL 340941, at *10 (N.D.Tex. June 13, 1997); Zevator v. Methodist Hosp., No. H-94-859, 1995 WL 500637, at *2 (S.D.Tex. Mar.30, 1995). An EEOC right-to-sue notice is not interchangeable with a TCHR “right to file a civil action” letter; thus, receipt of an EEOC ninety-day letter does not trigger the analogous TCHR sixty-day filing period. See Jones v. Grinnell Corp., 235 F.3d 972, 975 (5th Cir.2001); Vielma, 218 F.3d at 464-65. In any event, a civil action must be brought within two years after the filing of the complaint with the Commission. See Tex. Lab. Code Ann. § 21.256 (“A civil action may not be brought under this sub-chapter later than the second anniversary of the date the complaint relating to the action is filed”). Like the 180-day requirement, the limitations period for filing suit is mandatory and jurisdictional. See Dean, 1997 WL 756574, at *2; Central Power & Light Co. v. Caballero, 872 S.W.2d 6, 7 (Tex.App.—San Antonio 1994, writ denied); Eckerdt, 802 S.W.2d at 71; Green, 760 S.W.2d at 380. Moreover, the Commission’s failure to send the notice of right to sue on a timely basis does not excuse the mandatory filing requirement or toll the running of limitations. See Eckerdt, 802 S.W.2d at 71; Green, 760 S.W.2d at 380. In the case at bar, Lottinger filed his charge of discrimination with the EEOC on March 12, 1998, the EEOC sent him a right-to-sue notice on March 27, 1998, the TCHR sent him a notice of right to file a civil action on April 24, 1998, and Lottinger filed his Original Petition in state court on June 22, 1998. Although Lottinger filed suit within sixty days of receipt of the TCHR notice of right to sue, his initial charge of discrimination was untimely, as it was filed 255 days after the date of his termination — June 30, 1997, far in excess of the required 180-day period. Lottinger argues that he is in compliance with the 180-day requirement because he first contacted the EEOC in November or December 1997, prior to the expiration of the 180-day period, which occurred on or about December 24, 1997. At deposition, Lottinger stated that, while he did not file his charge until March 12, 1998, he “filed forms” and “signed several forms [with the EEOC] between November and December [1997].” He also submits an EEOC Intake Record, dated February 6, 1998, containing information such as Lottinger’s and Shell’s addresses and telephone numbers, which reflects that Lottinger inquired at the EEOC on December 5,1997, stating simply, “INQUIRY DATE: 120597.” Neither this document nor Lottinger’s deposition reveals the specific nature or contents of the inquiry. While Lottinger testified at deposition that he could locate copies of other documents he filed with the EEOC, he has submitted no documentation other than the Intake Record and his subsequent charge. Lottinger relies on a 1992 Texas Court of Appeals case to support his claim that he timely filed his charge. See Brammer v. Martinaire, Inc., 838 S.W.2d 844, 846-47 (Tex.App.—Amarillo 1992, no writ). In that case, the alleged discrimination took place on January 12,1989, and the plaintiff filed an unverified questionnaire with the TCHR on April 24, 1989, followed by a verified complaint on September 1, 1989. See id. at 845. Relying on § 327.1(g) of the Texas Administrative Code, which allows complaints filed with the TCHR to be amended to cure technical defects or omissions, the court held that the filing of the unverified questionnaire within 180 days of the alleged violation satisfied the statute because the subsequent verified complaint related back to the date of the unverified questionnaire, curing any earlier technical defects. See id. at 845-47. Here, Lottinger has produced no documentation, such as a questionnaire or other similar form, that could reasonably be interpreted as an unverified questionnaire or complaint submitted to the EEOC. At deposition, he maintained that he inquired more than once at the EEOC, but he did not assert that he completed a questionnaire or filed a charge of discrimination prior to March 12, 1998. The Intake Record does not, contrary to Lottinger’s assertion, reveal that he did anything other than make an inquiry. Hence, Brammer is inapposite and does not support his position. Therefore, Lottinger is barred from asserting claims under the TCHRA due to his failure to file a charge of discrimination within 180 days of his termination. 2. Scope of Judicial Complaint It is well settled that courts are without jurisdiction to consider claims brought under the TCHRA as to which an aggrieved party has not first exhausted his administrative remedies by filing a charge of discrimination with the TCHR or EEOC. See Jones, 235 F.3d at 973-74 & n. 1; Caballero, 858 S.W.2d at 360; Schroeder, 813 S.W.2d at 486; see also Dollis v. Rubin, 77 F.3d 777, 781 (5th Cir.1995); National Ass’n of Gov’t Employees v. City Pub. Serv. Bd., 40 F.3d 698, 711 (5th Cir.1994); Clark v. Kraft Foods, Inc., 18 F.3d 1278, 1279 (5th Cir.1994); Tolbert v. United States, 916 F.2d 245, 247-48 (5th Cir.1990). As with complaints filed under Title VII, civil complaints filed under the TCHRA may only encompass “discrimination like or related to allegations contained in the charge and growing out of such allegations during the pendency of the case before the Commission.” Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir.1970); see Haynes v. BlueCross & Blueshield of Tex., Inc., No. Civ. A. 3:97— CV-2881-R, 2000 WL 140744, at *6 (N.D.Tex. Feb.4, 2000); Martineau v. Arco Chem. Co., No. H-98-1608, 1998 WL 1173513, at *10 (S.D.Tex. Dec.24, 1998), aff'd, 203 F.3d 904 (5th Cir.2000); Dean, 1997 WL 756574, at *3; Elgaghil v. Tarrant County Junior College, No. 2-99-133-CV, 2000 WL 1459805, at *5 (Tex.App.—Fort Worth Sept.28, 2000, no pet.); see also Dollis, 77 F.3d at 781; National Ass’n of Gov’t Employees, 40 F.3d at 711; Fine v. GAF Chem. Corp., 995 F.2d 576, 578 (5th Cir.1993); Young v. City of Houston, 906 F.2d 177, 179 (5th Cir.1990). Thus, a judicial complaint is limited by the claims in the charge and the “ ‘ “scope” of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.’ ” Haynes, 2000 WL 140744, at *6 (quoting Sanchez, 431 F.2d at 466). Hence, the failure to assert a claim of discrimination in an EEOC/TCHR charge and/or its lack of development in the course of a reasonable investigation of that charge precludes the claim from later being brought in a civil suit. See Thomas v. Texas Dep’t of Crim. Justice, 220 F.3d 389, 395 (5th Cir.2000); National Ass’n of Gov’t Employees, 40 F.3d at 711-12; Young, 906 F.2d at 179; Sanchez, 431 F.2d at 465-66; Dean, 1997 WL 756574, at *3. Lottinger’s charge reads: I. On or about June 30, 1997, I was discharged from the position of Senior Administrative Representative. Respondent is a[sic] oil company. II. On or about June 30, 1997, Claude Hudson, informed me that my dismissal is due to alcohol problem [sic]. III. I believe I was discriminated against because of my disability, in violation of the Americans With Disabilities Act of 1990, as amended. Lottinger does not mention or even allude to depression in his charge. Nevertheless, the record reflects that his current claim of depression is related to the alleged alcohol problem set forth in the charge. According to Lottinger, his physicians advised him that his alcohol abuse probably developed as a means of self-medicating the pain caused by his depression. Thus, although there is no indication that the EEOC or the TCHR actually investigated his complaint, a reasonable investigation of the charge would likely have revealed his prior alleged diagnosis of depression. Therefore, viewing the evidence in the light most favorable to the plaintiff, the allegations in Lottinger’s EEOC charge were sufficient to preserve his claims of disability discrimination under the TCHRA based on both depression and alcoholism. 3. Existence of a Disability under the TCHRA Assuming that Lottinger had timely filed his charge, he still could not succeed under the TCHRA on his claim of disability discrimination based on alcoholism because the Act expressly excludes alcohol abuse from the definition of disability. Although it is not entirely clear from the record, in his response to the motion for summary judgment, Lottinger asserts that he is not claiming disability discrimination under the TCHRA on the basis of his alcoholism but, rather, on the basis of his depression. This is no doubt due to the explicit language of the TCHRA, which provides: “Disability” means, with respect to an individual, a mental or physical impairment that substantially limits at least one major life activity of that individual, a record of such an impairment, or being regarded as having such an impairment. The term does not include: (A) a current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance. Tex. Lab. Code Ann. § 21.002(6) (emphasis added). It is undisputed that during the relevant time period, Lottinger was alcohol dependent. Hence, he does not qualify as a disabled individual within the meaning of the TCHRA on the basis of his alcoholism. Therefore, to the extent Lottinger is asserting a disability discrimination claim based on alcoholism, his claim is not cognizable under the TCHRA. His claim under the TCHRA based on depression must be rejected, as well. As discussed infra, summary judgment is warranted on Lottinger’s claim of disability discrimination under the ADA, which is based on both alcoholism and depression. Because the same standards apply, summary judgment is also proper as to his parallel claims under the TCHRA. C. Americans with Disabilities Act Lottinger argues that Shell discriminated against him in violation of federal law on the basis of two disabilities — alcoholism and depression. The ADA is a federal antidiscrimination statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to individuals without a disability. See 42 U.S.C. §§ 12101-12113; 29 C.F.R. § 1630, App.; Ivy v. Jones, 192 F.3d 514, 516 (5th Cir.1999); Seaman v. CSPH, Inc., 179 F.3d 297, 300 (5th Cir.1999); Burch v. Coca-Cola Co., 119 F.3d 305, 313 (5th Cir.1997), cert. denied, 522 U.S. 1084, 118 S.Ct. 871, 139 L.Ed.2d 768 (1998); Foreman v. Babcock & Wilcox Co., 117 F.3d 800, 804 (5th Cir.1997), cert. denied, 522 U.S. 1115, 118 S.Ct. 1050, 140 L.Ed.2d 113 (1998); Taylor v. Principal Fin. Group, 93 F.3d 155, 161 (5th Cir.), cert. denied, 519 U.S. 1029, 117 S.Ct. 586, 136 L.Ed.2d 515 (1996). The ADA defines a “qualified individual with a disability” as “an individual with a disability who, with or without a reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8); see Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 801, 119 S.Ct. 1597, 143 L.Ed.2d 966 (1999). “The ADA prohibits discrimination on the basis of disability ‘to ensure that [such] individuals are not denied jobs or other benefits because of the prejudiced attitudes or the ignorance of others.’ ” Deas v. River West, L.P., 152 F.3d 471, 482 (5th Cir.1998), cert. denied, 527 U.S. 1035, 119 S.Ct. 2392, 144 L.Ed.2d 793 (1999) (quoting School Bd. of Nassau County v. Arline, 480 U.S. 273, 284, 107 S.Ct. 1123, 94 L.Ed.2d 307 (1987)). The ADA contains four codified titles: Employment (Title I), Public Services (Title II), Public Accommodations and Services Operated by Private Entities (Title III), and Miscellaneous Provisions (Title IV). Under Title I, which covers employment discrimination, the Act provides that “[n]o 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); see Albertson’s, Inc. v. Kirkingburg, 527 U.S. 555, 560 n. 7, 119 S.Ct. 2162, 144 L.Ed.2d 518 (1999); Cleveland, 526 U.S. at 801, 119 S.Ct. 1597; Seaman, 179 F.3d at 300; Coolbaugh v. Louisiana, 136 F.3d 430, 438 n. 5 (5th Cir.), cert. denied, 525 U.S. 819, 119 S.Ct. 58, 142 L.Ed.2d 45 (1998); Foreman, 117 F.3d at 804-05; Taylor, 93 F.3d at 162; Daigle v. Liberty Life Ins. Co., 70 F.3d 394, 396 (5th Cir.1995). Employees asserting claims under Title I of the ADA are required to follow the procedures applicable to Title VII actions. See 42 U.S.C. § 12117(a); Zimmerman, 170 F.3d at 1172; Wagner v. Texas A & M Univ., 939 F.Supp. 1297, 1307 (S.D.Tex.1996); Stafford v. Radford Curdy. Hosp., Inc., 908 F.Supp. 1369, 1374 (W.D.Va.1995). 1. Prima Facie Case and Burden of Proof To recover under the ADA, the plaintiff must prove that he was discriminated against on the basis of his disability. See Kapche v. City of San Antonio, 176 F.3d 840, 842 (5th Cir.1999); Gonzales v. City of New Braunfels, 176 F.3d 834, 836 (5th Cir.1999); Talk, 165 F.3d at 1024; Hamilton v. Southwestern Bell Tel. Co., 136 F.3d 1047, 1052 (5th Cir.1998); Turco v. Hoechst Celanese Corp., 101 F.3d 1090, 1092 (5th Cir.1996); Robinson v. Global Marine Drilling Co., 101 F.3d 35, 36 (5th Cir.1996), cert. denied, 520 U.S. 1228, 117 S.Ct. 1820, 137 L.Ed.2d 1028 (1997). The plaintiff may present either direct evidence of disability discrimination or employ an indirect method of proof utilized in other types of employment discrimination cases. See Seaman, 179 F.3d at 300; Taylor, 93 F.3d at 162; Rizzo v. Children’s World Learning Ctrs. Inc., 84 F.3d 758, 762 (5th Cir.1996); Daigle, 70 F.3d at 396; see also McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). In the absence of direct evidence of discrimination, the plaintiff can establish a prima facie case under the ADA by showing that: (1) he has a “disability;” (2) he is qualified for the job; (3) he was subject to' an adverse employment action; and (4) he was replaced by a non-disabled person or was treated less favorably than non-disabled employees. See Seaman, 179 F.3d at 300; Burch, 119 F.3d at 320; Daigle, 70 F.3d at 396; see also Ivy, 192 F.3d at 516; Talk, 165 F.3d at 1024; Turco, 101 F.3d at 1092. If the plaintiff succeeds in making this prima facie showing, a rebuttable presumption of discrimination arises, and the burden of production shifts to the employer to articulate a legitimate, nondiscriminatory reason for its actions. See Daigle, 70 F.3d at 396 (citing Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 254, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)); Olitsky v. Spencer Gifts, Inc., 964 F.2d 1471, 1478 n. 19 (5th Cir.1992), cert. denied, 507 U.S. 909, 113 S.Ct. 1253, 122 L.Ed.2d 652 (1993); EEOC v. Texas Bus Lines, 923 F.Supp. 965, 969-70 (S.D.Tex.1996). While the employer need not prove that its actions were motivated by the legitimate reason, it must produce some evidence in support of its proffered rationale. See Daigle, 70 F.3d at 396 (citing St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 507-10, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993)); Texas Bus Lines, 923 F.Supp. at 970. The defendant’s burden is merely one of production and not of persuasion. See Burdine, 450 U.S. at 257-58, 101 S.Ct. 1089. “If the employer produces any evidence ‘which, taken as true, would permit the conclusion that there was a nondiscriminatory reason for the adverse action,’ then the employer has satisfied its burden of production.” Daigle, 70 F.3d at 396 (quoting Hicks, 509 U.S. at 507, 113 S.Ct. 2742); see Texas Bus Lines, 923 F.Supp. at 970. If the employer meets its burden of production, the presumption is dissolved, and the burden shifts back to the plaintiff to demonstrate that the proffered reason is a pretext for discrimination — the defendant’s alleged nondiscriminatory reason is false and the real reason for the adverse action is disability discrimination. See Daigle, 70 F.3d at 396; Armendariz v. Pinkerton Tobacco Co., 58 F.3d 144, 148 (5th Cir.1995), cert. denied, 516 U.S. 1047, 116 S.Ct. 709, 133 L.Ed.2d 664 (1996) (citing Hicks, 509 U.S. at 510-11, 113 S.Ct. 2742). As with discrimination cases generally, the plaintiff at all times bears the ultimate burden of persuading the trier of fact that he has been the victim of illegal discrimination based on his disability. See Seaman, 179 F.3d at 300; Daigle, 70 F.3d at 396 (citing Hicks, 509 U.S. at 511, 113 S.Ct. 2742). To prevail on an ADA claim, the plaintiff must prove that an adverse employment decision was made “solely because of his disability.” Gonzales, 176 F.3d at 836; Still v. Freeport-McMoran, Inc., 120 F.3d 50, 51-52 (5th Cir.1997); Turco, 101 F.3d at 1092; Rizzo, 84 F.3d at 763. The ADA does not prohibit adverse action due to a consequence of a disability, such as being unable to report to work regularly or to perform essential job duties as a result of an injury or illness. See Matthews v. Commonwealth Edison Co., 128 F.3d 1194, 1195-96 (7th Cir.1997); Rogers v. International Marine Terminals, 87 F.3d 755, 759-60 (5th Cir.1996). Thus, the ADA does not insulate an employee from adverse action taken by an employer because of misconduct in the workplace, even if his improper behavior is arguably attributable to an impairment. See Hamilton, 136 F.3d at 1052; Burch, 119 F.3d at 319 n. 14. In short, an employee “can not hide behind the ADA and avoid accountability for his actions.” Hamilton, 136 F.3d at 1052. In the case at bar, Shell does not contest that Lottinger was qualified for the job. In addition, his termination was clearly an adverse employment action. None of the other actions about which he complains, however, including changes in job title and in responsibilities (without an accompanying change in salary or benefits), the necessity of sometimes working on evenings and on Saturdays, and being instructed to post for a new position because the budget for his current position had been eliminated (without actually changing positions) qualify as adverse employment actions. See Watts v. Kroger Co., 147 F.3d 460, 466 (5th Cir.1998) (change in work schedule and being asked to perform tasks not previously assigned are not adverse employment actions); Kocsis v. Multi-Care Mgmt., Inc., 97 F.3d 876, 885 (6th Cir.1996) (reassignment to different division is not adverse employment action); Yates v. Avco Corp. 819 F.2d 630, 638 (6th Cir.1987) (transfer without reduction in pay or benefits does not constitute adverse action). Shell asserts that Lottinger cannot succeed on his ADA termination claim, however, because he did not suffer from a qualifying disability. 2. Existence of a Disability under the ADA The threshold requirement in any case brought under the ADA is a showing that the plaintiff suffers from a disability protected under the Act. See Hamilton, 136 F.3d at 1050; Sherrod v. American Airlines, Inc., 132 F.3d 1112, 1119 (5th Cir.1998); Rogers, 87 F.3d at 758. “[W]hether a person has a disability under the ADA is an individualized inquiry.” Sutton v. United Air Lines, Inc., 527 U.S. 471, 483, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999). The ADA defines a disability as: (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. 42 U.S.C. § 12102(2); see Ivy, 192 F.3d at 516; Talk, 165 F.3d at 1021; Deas, 152 F.3d at 475; Pryor v. Trane Co., 138 F.3d 1024, 1026 (5th Cir.1998); Hamilton, 136 F.3d at 1050; Sherrod, 132 F.3d at 1119; Still, 120 F.3d at 52; Robinson, 101 F.3d at 36. The ADA further restricts the meaning of physical and mental impairment to: (1) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 29 C.F.R. § 1630.2(h)(1), (2); see Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 726 n. 5 (5th Cir.1995). “A physical impairment, standing alone, is not necessarily a disability as contemplated by the ADA. The statute requires an impairment that substantially limits one or more of the major life activities.” Id. at 726; accord Deas, 152 F.3d at 479. a. Impairment Substantially Limiting a Major Life Activity The ADA defines neither “substantially limits” nor “major life activities,” but the EEOC’s regulations under the ADA, which adopt the same definition of major life activities as used in the Rehabilitation Act, provide significant guidance. See Dutcher, 53 F.3d at 726; see also Talk, 165 F.3d at 1024; Hamilton, 136 F.3d at 1050; Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, 513 U.S. 1152, 115 S.Ct. 1104, 130 L.Ed.2d 1071 (1995); Chandler v. City of Dallas, 2 F.3d 1385, 1391 (5th Cir.1993), cert. denied, 511 U.S. 1011, 114 S.Ct. 1386, 128 L.Ed.2d 61 (1994). “ ‘Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’ ” Talk, 165 F.3d at 1024-25; Hamilton, 136 F.3d at 1050 (quoting 29 C.F.R. § 1630.2®); Dutcher, 53 F.3d at 726; Bolton, 36 F.3d at 942; Chandler, 2 F.3d at 1390. “ ‘The statutory language, requiring a substantial limitation of a major life activity, emphasizes that the impairment must be a significant one.’ ” Deas, 152 F.3d at 479 (quoting Forrisi v. Bowen, 794 F.2d 931, 933-34 (4th Cir.1986)). A “fundamental statutory requirement” is that “only impairments causing ‘substantial li-mitat[ions] in individuals’ ability to perform major life activities constitute disabilities.” Kirkingburg, 527 U.S. at 565, 119 S.Ct. 2162. The factors to be considered in determining whether an impairment substantially limits a major activity include: (1) the nature and severity of the impairment; (2) its duration or expected duration; and (3) its permanent or expected permanent or long-term impact. See Pryor, 138 F.3d at 1026 (citing 29 C.F.R. § 1630.2(j)(2) (l)-(iii)); Hamilton, 136 F.3d at 1050; Oswalt v. Sara Lee Corp., 74 F.3d 91, 92 (5th Cir.1996); Dutcher, 53 F.3d at 726; Bolton, 36 F.3d at 943; see also Deas, 152 F.3d at 480. “ ‘[T]emporary, non-chronic impairments of short duration, with little or no long term or permanent impact, are usually not disabilities.’” Pryor, 138 F.3d at 1026 (quoting 29 C.F.R. § 1630, App., § 1630.2(j)); see Hamilton, 136 F.3d at 1051; Rogers, 87 F.3d at 759. Furthermore, when determining whether an individual is substantially limited in a major life activity, corrective and mitigating measures, such as medication and assisting devices, must be taken into account. See Sutton, 527 U.S. at 482, 119 S.Ct. 2139; Cooper v. Olin Corp., 246 F.3d 1083, 1087-88 (8th Cir.2001); Cash v. Smith, 231 F.3d 1301, 1305 n. 4 (11th Cir.2000); Ivy, 192 F.3d at 516; Spades v. City of Walnut Ridge, 186 F.3d 897, 900 (8th Cir.1999); EEOC v. R.J. Gallagher Co., 181 F.3d 645, 654 (5th Cir.1999). “A person whose physical or mental impairment is corrected by medication or other measures does not have an impairment that presently ‘substantially limits’ a major life activity.” Sutton, 527 U.S. at 482-83, 119 S.Ct. 2139. The EEOC’s regulations define “substantially limited” as meaning: (i) Unable to perform a major life activity that the average person in the general population can perform; or (ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform the same major life activity. 29 C.F.R. § 1630.2(j)(i), (ii); see Talk, 165 F.3d at 1025 n. 6; Deas, 152 F.3d at 480; Pryor, 138 F.3d at 1026 n. 12; Hamilton, 136 F.3d at 1050 n. 5; Sherrod, 132 F.3d at 1119; Dutcher, 53 F.3d at 726 n. 8. “‘To determine whether a person is substantially limited in a major life activity other than working, we look to whether that person can perform the normal activities of daily living.’ ” Pryor, 138 F.3d at 1027 (quoting Ray v. Glidden Co., 85 F.3d 227, 229 (5th Cir.1996)); accord Sherrod, 132 F.3d at 1120. Disability status is ascertained on a case-by-case basis, as “‘[t]he determination of whether an individual has a disability is not necessarily based on the name or diagnosis of the impairment the person has, but rather on the effect of that impairment on the life of the individual.’ ” Sutton, 527 U.S. at 483, 119 S.Ct. 2139 (quoting 29 C.F.R. Pt. 1630.2(j), App.); accord Kirkingburg, 527 U.S. at 566, 119 S.Ct. 2162; see Zenor, 176 F.3d at 860 (citing Burch, 119 F.3d at 315); Deas, 152 F.3d at 478. “The particularized inquiry mandated by the ADA centers on substantial limitation of major life activities, not mere impairment.” Ivy, 192 F.3d at 516 (citing Sutton, 527 U.S. at 482, 119 S.Ct. 2139). While “working” is listed as one of the major life activities, working “ ‘does not necessarily mean working at a particular job of one’s choice.’ ” Bridges v. City of Bossier, 92 F.3d 329, 335 (5th Cir.1996), cert. denied, 519 U.S. 1093, 117 S.Ct. 770, 136 L.Ed.2d 715 (1997) (quoting Bolton, 36 F.3d at 942); accord McGuinness v. University of N.M. Sch. of Med., 170 F.3d 974, 978 (10th Cir.1998), cert. denied, 526 U.S. 1051, 119 S.Ct. 1357, 143 L.Ed.2d 518 (1999); Deas, 152 F.3d at 480-81; Knapp v. Northwestern Univ., 101 F.3d 473, 480-81 (7th Cir.1996), cert. denied, 520 U.S. 1274, 117 S.Ct. 2454, 138 L.Ed.2d 212 (1997) (citing Welsh v. City of Tulsa, 977 F.2d 1415, 1417 (10th Cir.1992)); Wooten v. Farmland Foods, 58 F.3d 382, 385-86 (8th Cir.1995); Dutcher, 53 F.3d at 727. “Only if there is no evidence of impairment to the other major life functions is an impairment to working considered.” Talk, 165 F.3d at 1025 (citing Hamilton, 136 F.3d at 1050 (citing Dutcher, 53 F.3d at 726 n. 10)); accord Pryor, 138 F.3d at 1026 n. 15. “ ‘[Substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.’ ” Talk, 165 F.3d at 1025 (quoting 29 C.F.R. § 1630.2(j)(3)(i)); accord Zenor, 176 F.3d at 860; Deas, 152 F.3d at 481; Pryor, 138 F.3d at 1027; Hamilton, 136 F.3d at 1051; Sherrod, 132 F.3d at 1120; Still, 120 F.3d at 52. An employee’s “inability to perform one aspect of [his] job while retaining the ability to perform the work in general does not amount to a substantial limitation of the activity of working.” Dutcher, 53 F.3d at 727 (citing Chandler, 2 F.3d at 1392 (citing Elstner v. Southwestern Bell Tel. Co., 659 F.Supp. 1328, 1343 (S.D.Tex.1987), aff'd, 863 F.2d 881 (5th Cir.1988))). “ ‘An impairment that affects only a narrow range of jobs can be regarded either as not reaching a major life activity or as not substantially limiting one.’ ” Sherrod, 132 F.3d at 1120 (quoting Chandler, 2 F.3d at 1392); see Knapp, 101 F.3d at 479 (citing Jasany v. United States Postal Serv., 755 F.2d 1244, 1249 n. 3 (6th Cir.1985)); Dutcher, 53 F.3d at 727. An ADA claimant must prove that he was disabled at the time of the alleged discriminatory act. See Cash, 231 F.3d at 1306 (disability must be evaluated as manifested at the time of the challenged employment action); McDaniel v. Mississippi Baptist Med. Ctr., 877 F.Supp. 321, 326-27 (S.D.Miss.), aff'd, 74 F.3d 1238 (5th Cir.1995) (plaintiff must be a “qualified individual with a disability” at the time the adverse action occurred); see also Kocsis, 97 F.3d at 884 (plaintiff must establish as part of prima facie ease that she was a qualified individual with a disability at the time of the discriminatory act). “The legislative history of the ADA reveals that the term ‘qualified’ refers to whether the individual [was] qualified at the time of the job action in question.” Morton v. GTE North Inc., 922 F.Supp. 1169, 1178 (N.D.Tex.1996), aff'd, 114 F.3d 1182 (5th Cir.), cert. denied, 522 U.S. 880, 118 S.Ct. 205, 139 L.Ed.2d 141 (1997) (citing S. REP. No. 116, 101st Cong., 1st Sess. 26 (1989)). To meet the first requirement of a prima facie case, establishing that he had a disability within the purview of the ADA, Lottinger must show that he had an impairment that was severe enough to substantially limit one or more major life activities. The Fifth Circuit and other courts have declined to find alcoholism to be a per se disability under the ADA. See Burch, 119 F.3d at 316; accord Nelson v. Williams Field Servs. Co., 216 F.3d 1088, 2000 WL 743684, at *4 (10th Cir. June 9, 2000); McKey v. Occidental Chem. Corp., 956 F.Supp. 1313, 1317 (S.D.Tex.1997). “[A]lcoholism is not a per se disability under the ADA, and ... the question of disability, or no disability, based on alcoholism, must be made on a case-by-case basis.” Nelson, 2000 WL 743684, at *4. “Admittedly, alcoholism is a condition that, if left untreated, can rise to the level of an impairment or even a disability under the ADA. Nowhere in the ADA, however, does it state that an alcoholic is disabled per se.” McKey, 956 F.Supp. at 1317. Accordingly, “rehabilitated substance abusers, including alcoholics, are not per se disabled.” EEOC v. Exxon Corp., 124 F.Supp.2d 987, 994 (N.D.Tex.2000). Depression, likewise, is not considered a disability per se. See Schneiker v. Fortis Ins. Co., 200 F.3d 1055, 1061 (7th Cir.2000); Spades, 186 F.3d at 899; Holihan v. Lucky Stores, Inc., 87 F.3d 362, 366 n. 3 (9th Cir.1996), cert. denied, 520 U.S. 1162, 117 S.Ct. 1349, 137 L.Ed.2d 506 (1997). Thus, to proceed, Lottinger must show that his alcoholism or depression substantially limited a major life activity. Lottinger contends that he was diagnosed with depression in 1995 by Dr. Woon Sim (“Dr. Sim”) at the Kelsey-Sey-bold Clinic in Houston, who prescribed anti-depressants. He testified that while employed by Shell, he regularly attended therapy under the direction of Dr. Thomas Hamlin (“Dr. Hamlin”), ostensibly for both depression and alcoholism. According to Lottinger, both physicians indicated that his alcohol abuse probably began as a means of self-medicating the pain of his depression. As of the date of his deposition, June 1, 1999, Lottinger remained on antidepressants, saw Dr. Sim every six months to a year, and had been attending AA meetings at least for approximately three years. He stated, however, that he had not attended any therapy sessions since approximately June 1997. At deposition, Lottinger testified as follows: Q. How did the depression affect your ability to go about your normal life? * * * * * * A. Depression makes it difficult to eat. It makes it difficult to focus on — not normal tasks but on, you know, other tasks. It just — it makes just day-to-day functions difficult. Q. ... In what way? A. If you’re not eating, it’s kind of hard to have energy to move around. Q. Well, you didn’t stop eating altogether, did you? A. No. Q. Did it affect your ability to care for yourself? A. With the exception of getting decent sleep at night. Q. So you had trouble sleeping? A. Absolutely. Q. Would you get some sleep? A. Some. He also stated that he lost a total of forty pounds in three months and that he suffered a loss of self-esteem. When questioned as to whether there was any part of his job he could not perform, Lottinger answered “no,” and stated that within two to three weeks of going on anti-depressants in 1995, he “absolutely” could still do his job. He also related that he never told Logan that he could not complete his assignments due to his depression. Hence, while Lottinger may have experienced some trouble sleeping and eating, there is no indication that his sleep and appetite problems were severe, long-term, or had a permanent impact. See Doyal v. Oklahoma Heart, Inc., 213 F.3d 492, 498 (10th Cir.2000); Pack v. Kmart Corp., 166 F.3d 1300, 1302 (10th Cir.), cert. denied, 528 U.S. 811, 120 S.Ct. 45, 145 L.Ed.2d 40 (1999). In addition, his use of anti-depressants appeared to alleviate his difficulties. See Spades, 186 F.3d at 900. It was only when his medications were changed and he was allegedly taken off anti-depressants “cold turkey” that he became suicidal for a brief period of time, resulting in a one-week hospital stay. Thus, Lottinger’s deposition testimony establishes that he was not impaired to the extent that he was unable to perform his job or engage in other major life activities. In Burch, a similar case involving alcoholism, the plaintiff testified that his ability to perform some functions, including sleeping, was affected when he drank too much. See 119 F.3d at 316. When rejecting the notion that the plaintiffs alcoholism constituted a qualifying disability, the Fifth Circuit observed: Burch makes reference to his testimony that his ability to walk, talk, think, and sleep were affected when he drank too much. Burch also testified that he had hangovers in the morning that affected his memory. That Burch’s inebriation was temporarily incapacitating is not determinative. Burch produced no evidence that the effects of his alcoholism-induced inebriation were qualitatively different than those achieved by an overindulging social drinker; in both situations, the natural result of overindulgence is the temporary impairment of senses, dulled reactions, and the prospect of a restless sleep followed by an unpleasant morning. Although Burch’s alcoholism assuredly affected how he lived and worked, “far more is required to trigger coverage under § 12102(2)(A).” Ellison v. Software Spectrum, 85 F.3d 187, 191 (5th Cir.1996). Burch’s testimony that his inebriation was frequent does not make it a permanent impairment. Permanency, not frequency, is the touchstone of a substantially limiting impairment. Although Burch’s alcoholism may have been permanent, he offered no evidence that he suffered from any substantially limiting impairment of any significant duration. We have previously rejected attempts to transform temporary afflictions into qualifying disabilities. Id. (emphasis in original). Similarly, Lot-tinger has produced no evidence indicating that the effects of his inebriation were any different than those experienced by overindulging social drinkers. Like Burch, Lottinger appears to suggest that the mere fact that he was ultimately hospitalized establishes that his alcoholism and depression substantially limited his major life activities. As the Burch court held, however, “[t]he ADA requires an individualized inquiry beyond the mere existence of a hospital stay.” Id. at 317. “To accept [Lottinger]’s reading would work a presumption that any condition requiring temporary hospitalization is disabling—a presumption that runs counter to the very goal of the ADA.” Id.; see Schneiker, 200 F.3d at 1061 (several hospitalizations for major depression did not render plaintiff disabled under the ADA). Thus, Lottinger’s short stays in treatment programs, even his temporary hospitalization, do not establish that he was disabled within the meaning of the ADA. On the contrary, Lottinger repeatedly stated at deposition that he was able to perform his job duties throughout the time period at issue. The evidence also fails to demonstrate that Lottinger’s alleged impairment prevented him from performing an entire class of jobs or even a broad range of jobs. At deposition, Lottinger testified that Logan changed his job title from coordinator to team leader and later to team member, explaining that he “[j]ust felt like it should be more of a team concept and that he didn’t feel that I should be the coordinator, in light of my absence.” He noted that his job responsibilities changed as well: A. I was no longer responsible for the other two analysts. I used to be; I would analyze their work plus mine. And he no longer—I was basically just a member of the 3 team. I was taken from the leader of the team to just a team member. He softened the blow by calling it team leader, which eventually changed to just proposal processing. He did it in three steps and he did it slowly. Q. Well, the first step sounds like it would be less work for you than you had before, if you don’t have to supervise two other analysts? A. But he also at the same time gave me the file system program, which was basically a clerical position, a clerical job. Q. What were you supposed to do? A. Shell’s real estate files are about a thousand paper files, including engineering reports, demographic reports, environmental reports, site layouts, summaries from the district re