Full opinion text
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, Chief Judge. Before the Court are the following motions: Defendant, Federal-Mogul Ignition Company’s Second Motion for Summary Judgment (Clerk’s No. 65) and Plaintiffs Motion for Summary Judgment (Clerk’s No. 97). Plaintiff filed a Resistance to Defendant’s Second Motion for Summary Judgment on April 18, 2007 (Clerk’s No. 96), and Defendant filed a Reply on May 15, 2007 (Clerk’s No. 104). Defendant filed a resistance to Plaintiffs Motion for Summary Judgment on May 14, 2007 (Clerk’s No. 100) and Plaintiff filed a Reply on June 7, 2007 (Clerk’s No. 109) . Plaintiff requested oral argument, however, the Court finds that such argument would not materially aid the resolution of the pending motions. Accordingly, the matter is fully submitted. I. PROCEDURAL BACKGROUND Joseph Canterbury (“Canterbury”) filed the present action on September 12, 2005, in the Iowa District Court in and for Des Moines County, Iowa. Defendant removed the matter on October 11, 2005. Jurisdiction is proper under both 28 U.S.C. § 1331 and § 1332. Canterbury’s Complaint asserted the following claims; violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq.; violation of the Iowa Civil Rights Act (“ICRA”), Iowa Code Chapter 216 et seq.; violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601, et seq.; wrongful discharge under Iowa common law; and violation of the Iowa Wage Payment Collection Act (“IWPCA”), Iowa Code Chapter 91A.1 et seq. On March 3, 2006, this Court entered an Order granting in part and denying in part a Motion to Dismiss filed by the Defendant. See Clerk’s No. 25. Specifically, the Court granted Defendant’s Motion to Dismiss with respect to Canterbury’s wrongful discharge claim under Iowa law, concluding that it was fully encompassed and thus, preempted, by Canterbury’s federal claims and by his ICRA claim. See id. On November 29, 2006, Defendant filed its First Motion for Summary Judgment, arguing that Canterbury lacked standing to assert the claims in the Complaint because he had filed a Chapter 7 Bankruptcy petition after his termination from Defendant’s employ, thus giving the Bankruptcy Trustee, Wesley Husinga, exclusive standing to bring Canterbury’s claims against the Defendant. In an Order dated April 16, 2007, the Court agreed that Canterbury lacked standing to pursue his claims against Defendant, or to personally benefit therefrom. See Clerk’s No. 90. The Court, however, declined to grant summary judgment in favor of Defendant on the remaining claims themselves, and instead permitted Canterbury to Amend the Complaint to substitute the Bankruptcy Trustee as the real party in interest in this action. Despite this substitution, the Court will refer to Canterbury throughout this Order as “Plaintiff.” II. FACTUAL BACKGROUND Joseph Canterbury was hired by Defendant at its Burlington, Iowa facility on or about October 11, 1999. See Pl.’s Resp. to Def.’s Statement of Uncontroverted Ma-ferial Facts at ¶ 1 (Clerk’s No. 93). Canterbury did not suffer from any medical conditions relevant to this case at the time he was hired by Defendant. Id. ¶ 2. Plaintiff, along with the other production and maintenance employees at Defendant’s Burlington facility, are represented by the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local Union No. 1237 (the “Union”). Id. ¶3. Defendant and the Union were parties to a Collective Bargaining Agreement (“CBA”) covering the period March 16, 1998 through March 10, 2001 (the “1998 Union Contract”). Id. at ¶4, Article V of the 1998 Union Contract, entitled “Seniority” and § 5.4(e) thereof provides: “An employee shall lose his seniority and his employment will be terminated if ... he fails to apply for a leave of absence by the end of seven (7) calendar days of absence, unless substantiating circumstances make application impossible.” Id. at ¶ 5. Article XIV of the 1998 Union Contract, entitled “Leaves of Absences” and § 14.3 thereof provides: Leaves which qualify as a leave under the Family Medical Leave Act of 1993 shall be provided in accordance with the provisions of the Act. Such leaves maybe granted, for good cause, including any extensions thereof, for-a period not to exceed a total of twelve (12) weeks, including disability. Id. at ¶ 6. Plaintiff received a copy of the 1998 Union Contract, containing the “Seniority” and “Leaves of Absences” provisions on or about the date of his hire. Plaintiff believes that he read the 1998 Union Contract. Id. at ¶ 8. Defendant and the Union were also parties to a CBA covering the period from March 11, 2001 through March 12, 2005 (the “2001 Union Contract”). Id. at ¶ 9. Article V of the 2001 Union Contract and § 5.4(e) thereof provides: An employee shall lose his seniority and his employment will be terminated if ... he fails to apply for a leave of absence by the end of seven (7) calendar days of absence, unless substantiating circumstances make application impossible. The seven (7) day period begins with the first day of absence from scheduled work and ends at the end of the employee’s regular shift on the seventh calendar day. Application within the seven (7) day period shall be made to the Human Resources Department during regular business hours. Application within the seven (7) day period during non-business hours may be initiated by leaving a voice message on the Human Resources Department phone (ext.374). Id. at ¶ 10. Article XIII of the 2001 Union Contract, entitled “Grievance Procedure,” and § 13.1 thereof provides: The term “grievance” shall mean any misunderstanding, difference or dispute between one or more employees and the Company concerning the violation, interpretation ' or application of this Agreement, the National Agreement, or supplements to either of them, and such dispute shall be handled in the following manner.... It is agreed by the Union and the Company that the provisions of this Article will be followed to arrive at a solution to any misunderstanding, difference or dispute. Any action contrary to this Article as well as Article XII shall result in appropriate disciplinary action. Id. at ¶ 14. The grievance procedure is further outlined in §§ 13.1.2, 13.1.3, and 13.1.4 of Article XIII of the 2001 Union Contract: 13.1.2 Step 1. An employee, or one designated member of a group of employees, having a grievance may request the Supervisor to call the appropriate Steward to handle a specified grievance with the supervisor. The Supervisor will send for the Steward without undue delay, and thereafter, the employee, the Steward and the Supervisor shall attempt to adjust the grievance. The verbal answer of the Supervisor shall be given within twenty-four (24) hours. 13.1.3 It is understood and agreed, however, that the individual employee or the designated member of a group of employees shall have the right at any time to present grievances directly to their Supervisor and have such grievances adjusted, without the intervention of the Union, so long as the adjustment is not inconsistent with the terms of this Agreement, and provided further, that the Union is given an opportunity to be present at such adjustment. 13.1.4 If the Supervisor’s verbal answer is not satisfactory, the grievance may be reduced to writing by the Union, signed by the employee, the Steward, and the Supervisor. A written answer shall be given within three (3) working days. Id. at ¶ 15, Article XIV of the 2001 Union Contract, entitled “Leaves of Absences,” and § 14.3 thereof, are identical to the Article XIV of the 1998 Union Contract. See id. at ¶ 16. Plaintiff received a copy of the 2001 Union Contract, took it home with him, and assumes he read it. Id. at ¶ 17. As referenced above, Defendant also maintained a Plant Attendance Policy. Id. ¶ 18. Canterbury received a copy of that policy at the time of his hire. Id. ¶ 19. At the time the 2001 Union Contract was adopted, Defendant implemented a Plant Attendance Policy, dated March 11, 2001 (the “2001 Attendance Policy” or the “Plant Attendance Policy”). Id. ¶ 20. No orientation was provided to employees regarding this policy. PL’s Statement of Material Facts ¶ 8. The 2001 Attendance Policy assesses points for various attendance infractions, and is deemed a “no-fault attendance policy.” Def.’s Statement of Material Facts ¶ 21; Pl.’s Statement of Material Facts ¶ 9. Disciplinary action would result after a certain number of points have been accumulated, though points would not be assigned to a worker “for absences which qualify for leaves under the [FMLA].” Def.’s Statement of Material Facts ¶¶ 21-22. The 2001 Attendance Policy does not explain any employee rights or obligations under the FMLA, nor does it mention the ADA or the ICRA. Pl.’s Statement of Material Facts ¶ 9. Regarding absences, the 2001 Attendance Policy provides: When unable to report for work call 753-5401 and the appropriate extension for your department/area leaving the following information: name, clock number, supervisor’s name and specific reason for reporting off. Failure to report off will result in two (2) points charged to the employee’s record for each day of absence. Def.’s Statement of Material Facts ¶ 23. Thus, Canterbury always left a message regarding absences on an answering machine and never spoke to a live person. Id. ¶ 26. Ronald Vorwerk signed the attendance policy “for the company” and it is also signed by a representative “for the union.” PL’s Statement of Material Facts ¶ 12. Vorwerk is unaware of any exceptions made for any employee of Defendant with regard to assigning points for tardiness or absences. Id. ¶ 10. The Plant Attendance Policy states: “In all eases of discipline the Company will review the employee’s attendance record during the previous twenty-four (24) month period to determine if there are any unusual or mitigating circumstances which should be considered and weighed prior to the decision to discipline,” Id. ¶ 11. Canterbury assumes that the 2001 Attendance Policy was presented to the Union membership during the ratification meeting for the 2001 Union Contract, and admits that he saw and read the .2001 Attendance Policy. Def.’s Statement of Material Facts ¶ 24. The Plant Attendance Policy was “handed out to employees through their union.” Pl.’s Statement of Material Facts ¶ 12. Between January 31, 2002 and January 15, 2005, Plaintiff was disciplined on sixteen occasions for having violated the Plant Attendance Policy. Plaintiff denies this assertion, but his denial is more appropriately an admission subject to qualification. That is, Plaintiff argues that each of the sixteen disciplinary action forms were filled out by Federal-Mogul management, and none records the reason for Canterbury’s absences or lateness. Further, Plaintiff emphasizes that Vorwerk, the person who made the decision to terminate Plaintiffs employment, did not know the reason behind any of the disciplinary actions. As well, Plaintiff states that it is “possible” that one or more of the absences for which he was disciplined were absences for ADA or FMLA qualifying reasons. Regardless, the record clearly demonstrates that such disciplinary actions occurred, and that they ranged from “Counseling Notice” (for the accumulation of eight points), to First and Second “Written Warning[s],” (for the accumulation of ten and twelve points respectively) to a “Final Written Warning & 90 Calendar days probation” (for the accumulation of fourteen points). See Def.’s App. at 156— 165. Plaintiff never filed a grievance about any of the disciplinary actions in accordance with the grievance procedure in the 2001 Union Contract, nor has he ever contended that any of the disciplinary actions were based upon an inaccurate assessment of points. Defs Statement of Material Facts ¶¶ 29-30. Despite Plaintiffs assertion that Defendant had no written FMLA policy, other than the sparse references thereto articulated above, Plaintiff applied for and was granted FMLA leave on several occasions. The FMLA paperwork signed by Plaintiff regarding his request for FMLA leave in March 2003 contains the following Note at the top of the front page: NOTE: According to the local Collective Bargaining Agreement “The employee shall lose his seniority and his employment will be terminated if he fails to: 1) apply for a leave of absence by the end of seven calendar days of absence unless substantiating circumstances make application impossible. The seven day period begins with the first day of absence from scheduled work and ends at the end of the employee’s regular shift on the seventh calendar day. Application within the seven day period shall be made the Human Resources Department during regular business hours. Application within the seven day period during non-business hours may be initialed by leaving a voice message on the Human Resources Department phone.” Def.’s Statement of Material Facts ¶ 35. Plaintiff also applied for and received FMLA leave for the period of September 18 through September 29, 2003, for the period from September 30 through October 1, 2003, for the period from October 1-7, 2003 (due to a possible hernia), for the period from October 1-3, 2003 (for nose surgery), and for the period from November 10-15, 2004 (for cyst removal). Id. ¶¶ 36, 38, 40, 42, 46. Each application contained the same Note as appeared on the March 2003 FMLA paperwork. Id. ¶¶ 37, 39, 41, 43, 47. Plaintiff applied for, but was denied, FMLA leave for the period from September 28-29, 2004 (for cyst removal), though the Note appearing on the March 2003 paperwork also appeared on his application for FMLA leave in September 2004. Id. ¶ 45. Plaintiff admits that he read the FMLA paperwork before signing it. Id. ¶ 35. Canterbury was diagnosed with Type II Diabetes in March 2000. Id. ¶ 48. He has taken three prescription medications for the condition, Amaryl, Atase, and Glucophage, carries glucose tablets with him to help at times when he believes his blood sugar level is low, and monitors his blood sugar levels daily. Id. ¶¶ 50, 52. Canterbury is on an 1800 calorie per day diet, is supposed to eat three meals per day, and is not to skip any meals. Id. ¶ 51; Def.’s App. at 273 (Canterbury Dep.). He needs to limit his sugar intake and also monitor his carbohydrate intake. Def.’s App. at 273. Despite his limitations, Plaintiff can think of only one occasion when he had to leave work at Federal-Mogul due to low blood sugars, and no occasions when he had to leave work because of high blood sugars. Def.’s Statement of Material Facts ¶ 53; Def.’s App. at 275 (Canterbury Dep.). Plaintiffs diabetes has not, to his knowledge, affected his vision, hearing, speech, breathing, ability to walk, sit, lift, learn, think, concentrate, or maintain daily care routines. Def.’s Statement of Material Facts ¶ 55; Def.’s App. at 260 (Canterbury Dep.). Canterbury does, however, suffer from occasional episodes of high or low blood sugar. When Plaintiff experiences a high blood sugar episode, he is able to recover from it within a half a day “most of the lime.” Def.’s App. at 275 (Canterbury Dep.). During a low blood sugar episode, he “turns white as a sheet,” gets “clammy,” his “whole body is shaking,” and he feels “miserable and drained and — it ain’t good.” Id. at 273. After getting his blood sugar back up into a normal range, “it feels like I’ve worked just a ton of hours and you’re just — you’re just drained.... I end up falling asleep ... for ... at least two hours,” Id. When asked if he could perform any normal tasks during or after a low blood sugar episode, Plaintiff stated, “Oh, heavens, no. I don’t do — I don’t do nothing.” Id. at 274. During a high blood sugar episode, Plaintiff “get[s] agitated easy. You — I don’t sweat, but — she says-my wife has said at times I have turned red and it’s-it’s pretty much the same thing as a low blood sugar, because you still feel like you’re drained after you get your blood sugar back down.” Id. When asked whether he could perform normal tasks during or after a high blood sugar episode, Plaintiff replied, “Not — I can do it quicker than when 1 have the low blood sugar. You can — you feel better sooner than you do a low — I don’t have to take a nap. I don’t fall asleep or nothing, but after my blood sugar gets down.... You just don’t — you don’t feel like you can [perform tasks]. It’s a ... weird feeling .... You can get back to your regular duties or whatever, after you-quicker when you have high blood sugar, after you get it regulated.” Id. Plaintiff testified that his diabetes is affected by colds, and that it impedes the healing of cuts and of a broken leg he once suffered. Def.’s Statement of Material Facts ¶ 56. Canterbury told four of his supervisors about his diabetic condition: Dan Yeager, Bill Blake, Vicki Houseman, and Bert Huntebrinker. Id. ¶ 57. None of these individuals told Ron Vorwerk, Defendant’s Human Resources Manager, of Plaintiffs diabetes. Id. ¶ 58. On February 9, 2005, Plaintiff appeared at work as usual. Def s Statement of Material Facts ¶ 61. On February 10, 2005, Plaintiff called in before his shift and stated he was taking a “personal day” because he had to take a person to the hospital who had stopped breathing. Id. ¶ 62. On Friday, February 11, 2005 and Monday, February 14, 2005, Plaintiff did not come to work as he had prescheduled days of vacation. Id. ¶¶ 63, 64. As Plaintiff and his wife checked out of a hotel on February 14, 2005, he began getting stuffy and started coughing and hacking. When he got home, he called the doctor and scheduled an appointment for February 15, 2005 with Dr. Rashid. Id. ¶ 65. Sometime before 2:00 p.m. on February 15, 2005, Plaintiff called the absence line, gave his name, clock number, supervisor’s name, and shift, and stated that he would not be in to work that day. Def.’s App, at 266 (Canterbury Dep.). Plaintiff does not recall saying what reason he gave for his absence, but emphasizes that it is “possible ” that he mentioned bronchitis, pneumonia, and blood sugar. Id. Plaintiff also called the absence line on February 16, 17, 18, 19, and 21, 2005. Plaintiff did not call in on February 20, because it was a nonworking Sunday. On the morning of February 22, Ron Vorwerk called Plaintiff while he was gone to a doctor’s appointment. Def.’s App. at 267-68 (Canterbury Dep.). Plaintiff returned Vorwerk’s call when he got home around 10:30 a.m. the morning of February 22, 2005. Vorwerk asked Canterbury what had been going on and brought up the § 5.4(e) provision of the 2001 Union Contract stating that an employee loses his seniority and his employment is terminated if he fails to apply for a leave of absence. Def s App. at 269 (Canterbury Dep.). Vorwerk asked Canterbury “why [he] didn’t come in and get FMLA papers” and Canterbury told him “I didn’t realize I need[ed] to — I didn’t realize I was going to be sick this long. I didn’t realize that I was going to be sick. He asked me if I was in a coma, to keep me from coming in to do it. I said, well, no.” Id. Canterbury told Vorwerk that he “had pneumonia, then they switched it from pneumonia to bronchitis, and the medicine they put [him] on with the pneumonia jacked my blood sugars up and out of control, and I think that’s it.” Id. After citing § 5.4(e), Vorwerk told Canterbury “that he had no choice but to — that [Canterbury] was terminated,” Id. Plaintiff has not spoken to Vorwerk since that time, and did not discuss his termination with any supervisors, managers, or human resources employees. Id. Despite Vorwerk suggesting that he speak with a union representative during the February 22, 2005 phone call, Plaintiff never spoke to a union officer or shop steward about his termination. Id. at 270. When diagnosed with pneumonia on February 15, 2005, Plaintiff was not specifically told by Dr. Rashid to stay home from work. Id. at 271; Def.’s Statement of Material Facts ¶ 67. Plaintiff saw Dr. Rashid at some point after February 15, 2005, and Dr. Rashid changed his diagnosis from pneumonia to bronchitis and switched Plaintiffs diabetes medicine. According to Plaintiff, his medication was changed because the pneumonia medication had caused his blood sugars to rise. Def.’s Statement of Material Facts ¶ 74, Again, Dr. Rashid did not discuss with Plaintiff whether or not he should work during his illness. Id. ¶ 75. As Plaintiff was feeling better the evening of February 21, he claims that he intended to return to work on February 22, 2005, the day Vor-werk terminated his employment with Defendant. Def.’s App. at 268 (Canterbury Dep.). Plaintiff admits that he was aware of the requirement in the 2001 Union Contract that an employee must apply for a leave of absence to cover absences of seven days, but believed that the policy referred to seven workdays rather than seven calendar days, but does not know why he believed this to be the correct interpretation of the provision. Id. at 271-72. Regardless, there is no dispute that Plaintiff was absent for seven consecutive calendar days and that he did not apply for a leave of absence to cover those days from February 15-21, 2005. Def.’s Statement of Material Facts ¶¶ 80-81. After the February 22, 2005 phone conversation between Canterbury and Vor-werk, Vorwerk followed up by preparing a termination letter, quoting § 5.4(e) of the 2001 Union Contract, and mailed the letter to Plaintiff. Id. ¶ 95. Plaintiff never filed a grievance to protest his termination. Id. ¶ 96. Vorwerk had terminated five other employees for violating § 5.4(e) of the Union Contracts; Kelly Herrick; Sheri Bun-dy; Wendy Starr; Steve Welborn; and Kathy Bomia. Id. ¶ 97. Vorwerk believed that the 1998 and 2001 Union Contracts required termination and that neither Canterbury nor the five other employees terminated under § 5.4(e) had indicated a reason why applying for a leave of absence would have been impossible. Id. ¶ 98. Accordingly, Vorwerk did not believe he had a basis to rescind the terminations. III. SUMMARY JUDGMENT Summary judgment has a special place in civil litigation. The device “has proven its usefulness as a means of avoiding full-dress trials in unwinnable cases, thereby freeing courts to utilize scarce judicial resources in more beneficial ways.” Mesnick v. Gen. Elec. Co., 950 F.2d 816, 822 (1st Cir.1991). In operation, the role of summary judgment is to pierce the boilerplate of the pleadings and assay the parties’ proof in order to determine whether trial is actually required. See id.; see also Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990). “[SJummary judgment is an extreme remedy, and one which is not to be granted unless the movant has established his right to a judgment with such clarity as to leave no room for controversy and that the other party is not entitled to recover under any discernible circumstances.” Robert Johnson Grain Co. v. Chem. Interchange Co., 541 F.2d 207, 209 (8th Cir.1976) (citing Windsor v. Bethesda Gen. Hosp., 523 F.2d 891, 893 n. 5 (8th Cir.1975)). The purpose of the rule is not “ ‘to cut litigants off from their right of trial by jury if they really have issues to try,’ ” Poller v. Columbia Broad. Sys., Inc., 368 U.S. 464, 467, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962) (quoting Sartor v. Ark. Natural Gas Corp., 321 U.S. 620, 627, 64 S.Ct. 724, 88 L.Ed. 967 (1944)), but to avoid “useless, expensive and time-consuming trials where there is actually no genuine, factual issue remaining to be tried.” Anderson v. Viking Pump Div., Houdaille Indus., Inc., 545 F.2d 1127, 1129 (8th Cir.1976) (citing Lyons v. Board of Educ., 523 F.2d 340, 347 (8th Cir.1975)). The plain language of Federal Rule of Civil Procedure 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The precise standard for granting summary judgment is well-established and oft-repeated: summary judgment is properly granted when the record, viewed in the light most favorable to the nonmoving party and giving that party the benefit of all reasonable inferences, shows that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir.1994). The court does not weigh the evidence nor make credibility determinations, rather the court only determines whether there are any disputed issues and, if so, whether those issues are both genuine and material. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Wilson v. Myers, 823 F.2d 253, 256 (8th Cir.1987) (“Summary judgment is not designed to weed out dubious claims, but to eliminate those claims with no basis in material fact.”). It is the unusual case where the party shouldering the burden of proof prevails on a summary judgment motion. See Turner v. Ferguson, 149 F.3d 821, 824 (8th Cir.1998) (“Summary judgments in favor of parties who have the burden of proof are rare, and rightly so.”). The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact based on the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, if any. See Celotex, 477 U.S. at 323, 106 S.Ct. 2548; Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Once the moving party has carried its burden, the nonmoving party must go beyond the pleadings and, by affidavits or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is genuine issue for trial. See Fed.R.Civ.P. 56(c), (e); Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548; Anderson, 477 U.S. at 257, 106 S.Ct. 2505. “[T]he mere existence of some alleged factual dispute between the parties will not defeat a motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson, 477 U.S. at 247-48, 106 S.Ct. 2505 (emphasis in original). An issue is “genuine,” if the evidence is sufficient to persuade a reasonable jury to return a verdict for the nonmoving party. See id. at 248, 106 S.Ct. 2505. “As to materiality, the substantive law will identify which facts are material.... Factual disputes that are irrelevant or unnecessary will not be counted.” Id. In the present case, both sides have moved for summary judgment on the Plaintiffs claims. Particularly in the presence of competing cross motions for summary judgment, a court must keep in mind that summary judgment is not a paper trial. Accordingly, a “district court’s role in deciding the motion is not to sift through the evidence, pondering the nuances and inconsistencies, and decide whom to believe.” Waldridge v. Am. Hoechst Corp., 24 F.3d 918, 920 (7th Cir.1994). In a motion for summary judgment this Court has but one task, to decide, based on the evidence of record as identified in the parties’ moving and resistance papers, whether there is any material dispute of fact that requires a trial. See id. (citing Anderson, 477 U.S. at 249, 106 S.Ct. 2505 and 10 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 2712 (3d ed.1998)). The parties then share the burden of identifying the evidence that will facilitate this assessment. Id. at 921. Neither does filing cross motions for summary judgment mean the parties have waived their right to trial. See Wermager v. Cormorant Township Bd., 716 F.2d 1211, 1214 (8th Cir.1983) (“[T]he filing of cross motions for summary judgment does not necessarily indicate that there is no dispute as to a material fact, or have the effect of submitting the cause to a plenary determination on the merits.” (citations omitted)). Rather, for the purposes of summary judgment, a party concedes there are no factual issues and accepts the other party’s allegations only for the purpose of their own motion. See Federal Practice and Procedure § 2720; see also Metro. Life Ins. Co. v. Johnson, 297 F.3d 558, 561-62 (7th Cir.2002) (reviewing the record with “all inferences in favor of the party against whom the motion under consideration is made”) (citing Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 692 (7th Cir.1998)). “Cross motions simply require [a court] to determine whether either of the parties deserves judgment as a matter of law on facts that are not disputed.” Barnes v. Fleet Nat’l Bank, 370 F.3d 164, 170 (1st Cir.2004) (quoting Wightman v. Springfield Terminal Ry., 100 F.3d 228, 230 (1st Cir.1996)). In this matter, then, each motion will be “evaluated independently to determine whether there exists a genuine dispute of material fact and whether the movant is entitled to judgment as a matter of law.” St. Luke’s Methodist Hosp. v. Thompson, 182 F.Supp.2d 765, 769 (N.D.Iowa 2001). IV. LAW AND ANALYSIS A. Count I — Americans with Disabilities Act; Count II— Iowa Civil Rights Act The parties each move for summary judgment on Plaintiffs claim under Count I of the Complaint, arising under the ADA, and on Plaintiffs claim under Count II of the Complaint, arising under the ICRA. Plaintiff essentially claims that he was terminated from his employment with the Defendant because he is diabetic. Plaintiff also claims that he was refused reasonable accommodation by the Defendant. “The ADA requires covered entities, including private employers, to provide ‘reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship.’ ” Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184, 193, 122 S.Ct. 681, 151 L.Ed.2d 615 (2002) (quoting 42 U.S.C. § 12112(b)(5)(A)). To establish a prima facie case under the ADA or the ICRA the Plaintiff must show that: 1) he is disabled within the meaning of the ADA; 2) he was qualified to perform the essential functions of his position with or without accommodation; and 3) he suffered an adverse employment action because of his disability, Dropinski v. Douglas County, Nebraska, 298 F.3d 704, 706 (8th Cir.2002). Once a prima facie case of discrimination is presented “the burden shifts to the employer to articulate some legitimate, nondiscriminatory reason for its actions.” Christopher v. Adam’s Mark Hotels, 137 F.3d 1069, 1072 (8th Cir.1998); see also Snow v. Ridgeview Med. Ctr., 128 F.3d 1201, 1205 (8th Cir.1997) (stating that the burden ' shifting scheme set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), is used to analyze claims brought under the ADA). “If the employer meets this burden, the plaintiff then bears the burden of demonstrating that the employer’s stated reason is pretextual for discrimination.” Wilking v. County of Ramsey, 153 F.3d 869, 873 (8th Cir.1998) (citing Christopher, 137 F.3d at 1072). At all times, the ultimate burden of proving discrimination lies with the plaintiff. Snow, 128 F.3d at 1206. Although the prima facie factors and burden shifting model are helpful tools towards identifying unlawful discrimination, the Court is mindful that it “should not confuse the means— McDonnell Douglas’ three-step process— with the end, which is deciding whether or not an employer illegally discriminated.” Shannon v. Ford Motor Co., 72 F.3d 678, 682 (8th Cir.1996); see also McDonnell Douglas, 411 U.S. at 802 n. 13, 93 S.Ct. 1817. (“[T]he prima facie case will necessarily vary in different factual situations.”). Defendant argues that Plaintiff has failed to present sufficient evidence to establish any of the three prongs of a prima facie case of discrimination. Plaintiff, on the other hand, argues that he has conclusively established a prima facie case of discrimination under the ADA and the ICRA. 1. Prima facie case. a. Whether Plaintiff is disabled “To succeed under the ADA [Plaintiff] must first show that he is ‘disabled’ within the meaning of the statute.” Knutson v. Ag Processing, Inc., 394 F.3d 1047 (8th Cir.2005). A person is considered “disabled” under the statute if the individual can show either: “ ‘(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.’ ” Fjellestad v. Pizza Hut of Am., Inc., 188 F.3d 944, 948-49 (8th Cir.1999) (quoting 42 U.S.C. § 12102(2)). There is no dispute on the record that Plaintiff suffers from Type II diabetes, or that Type II diabetes is a “physical impairment” within the meaning of the relevant statutes. Rather, the only dispute as to this first element of Plaintiffs ADA and ICRA claims is whether Plaintiffs physical impairment, his Type II diabetes, substantially limits one or more of his major life activities. To show that one is “disabled” under clause (A), it is not enough that an individual suffers from an impairment. The impairment must “substantially limit one or more major life activities.” 42 U.S.C. § 12102(2)(A). In order to determine whether an individual is substantially limited in a major life activity, the Court must consider: the nature and severity of the impairment; its duration or anticipated duration; and its long-term impact. Wood v. Crown Redi-Mix, Inc., 339 F.3d 682, 685 (8th Cir.2003) (citing 29 C.F.R. § 1630.2(j)(2); Cooper v. Olin Corp., Winchester Div., 246 F.3d 1083, 1088 (8th Cir.2001)). The determination of whether an individual is “substantially limited” is a highly factual inquiry and the evidence to establish the existence of a disability is based, in large part, upon a plaintiffs own description of his or her impairment. “That the Act defines ‘disability’ ‘with respect to an individual’ 42 U.S.C. § 12102(2), makes clear that Congress intended the existence of a disability to be determined in such a case-by-case manner.” Toyota, 534 U.S. at 198, 122 S.Ct. 681 (external citations omitted). That being said, the Court must determine whether Plaintiff is “significantly restricted as to the condition, manner or duration under which the average person in the general population can perform that same major life activity.” 29 C.F.R. § 1630.20. Here, Plaintiff asserts that his physical impairment substantially interferes with and limits the major life activity of eating. “Major life activities” are defined as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(0 (the EEOC regulations issued to implement Title I of the ADA, see 42 U.S.C. § 12116 (requiring EEOC to issue regulations implementing ADA)). Thus, major life activities are those activities that are “of central importance to daily life.” Toyota, 534 U.S. at 197, 122 S.Ct. 681. Defendant concedes for purposes of summary judgment that eating is a major life activity. Def.’s Br. in Support of Second Mot. for Summ. J. at 6 (“Defendant will assume, arguendo, that eating is a major life activity... .”). Case law in the Eighth Circuit and in other Circuit Courts of Appeal support the conclusion that eating is a major life activity. See Land v. Baptist Med. Ctr., 164 F.3d 423, 424 (8th Cir.1999) (“We also agree that eating and breathing are major life activities within the contemplation of the ADA.”); see also Fraser v. Goodale, 342 F.3d 1032, 1040 (9th Cir.2003) (“[W]e agree that [eating] is a major life activity under the ADA.”); Waldrip v. General Elec. Co., 325 F.3d 652, 655 (5th Cir.2003) (“We also agree that eating is a ‘major life activity.’ ”); Lawson v. CSX Transp., Inc., 245 F.3d 916, 923 (7th Cir.2001) (“We also conclude that eating is a ‘major life activity’ as defined by the ADA.”). The evidence in the record establishes that Plaintiff is on a doctor prescribed 1800 calorie per day diet. Def.’s App. at 273 (Canterbury Dep.). He must eat three meals per day and must not skip any meals. Id. He “can’t have any sugar intake” and must watch his carbohydrate intake. Id. He takes three prescription medications to help control his diabetes. Id. at 259. Plaintiff also must monitor his blood sugar levels with a glucometer. Even when Plaintiff takes his prescription medications and follows his doctor-recommended diet precisely, it is still possible for him to have episodes of high or low blood sugar. Id. at 273. Plaintiff urges that average people in the population can and do consume more than 1800 calories per day, may skip meals, may eat sugar, don’t need to monitor their carbohydrate intake, don’t require three prescriptions medications, don’t need to use a glucome-ter, and don’t need to be concerned about low or high blood sugar episodes. Further, Plaintiff contends that when he suffers from a low blood sugar episode, he turns white, sweats, is clammy, shakes, and feels miserable and drained. Id, After such an episode, he generally falls asleep for at least two hours and then doesn’t do anything because “[y]ou’re drained. You’re there, but you’re not — you’re not there.” Id. at 273-74. During a high blood sugar episode, Plaintiff testified that he feels “weird” and “agitated,” sometimes turns red, and feels drained after getting his blood sugar back to a normal level, though he is able to resume normal activities sooner than he is after a low blood sugar episode. Id. at 274. Thus, Plaintiff concludes that “[n]o reasonable jury could find Mr. Canterbury is not substantially limited in the major life activity of eating” and that “[a]s a matter of law, Mr. Canterbury’s diabetes is an impairment which substantially limits the major life activity of eating.” Pl.’s Resistance Br. at 22. The mere fact that Plaintiffs physical impairment affects his major life activity of eating, however, does not lead to an automatic conclusion that his diabetes “substantially limits” his major life activity of eating, as defined by the ADA. “Substantially limits” is defined in 29 C.F.R. § 1630.2(j) as follows: (1) The term substantially limits means: (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 that same major life activity. (2) The following factors should be considered in determining whether an individual is substantially limited in a major life activity: (i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment. In support of his claim that his Type II diabetes substantially limits his major life activity of eating, Plaintiff cites several cases wherein he claims courts held that persons suffering from chronic, episodic or dramatic episodes were found disabled under the ADA. In Otting v. J.C. Penney Co., 223 F.3d 704 (8th Cir.2000), Rhonda Otting suffered from epilepsy and despite medication and brain surgery, suffered seizures two to three times monthly. 223 F.3d at 706. Otting’s physician placed a restriction on Otting’s ability to work, that she not climb ladders until she was seizure free for six months. Id. at 707-08. J.C. Penney refused to permit her to return to work while under any restrictions and terminated her employment. Id. At the time of her termination, Otting continued to suffer regular epileptic seizures, during which she could not see, hear, speak, walk, or work, and after which she would be lethargic, shaky, and have difficulty concentrating for anywhere from ten minutes to thirty-six hours. Id. at 710. The Eighth Circuit Court of Appeals concluded that, at the time of Otting’s termination, she was suffering from a physical impairment that substantially limited her major life activities of walking, seeing, and speaking. Id. at 710-11. In the next case cited by Plaintiff, Shaver v. Independent Stave Co., 350 F.3d 716 (8th Cir.2003), the plaintiff suffered from nocturnal epilepsy and had had an operation in which part of his brain was removed and replaced by a metal plate. 350 F.3d at 719. He was employed and eventually terminated, allegedly on the basis of insubordination, by Salem Wood Products Company. Id. The plaintiff asserted that his termination was actually the result of his epilepsy and his operation, and that he had been harassed because of those issues during his employment. Id. The Court of Appeals found that, prior to his surgery, the plaintiffs epilepsy caused severe seizures that impaired major life activities such as speaking, walking, or seeing, thus establishing that plaintiff had a “record of such an impairment [a disability], pursuant to 42 U.S.C. § 12102(2)(B).” Id. at 720. Additionally, the court found that the plaintiff was “regarded” as disabled in his thinking, and thus qualified as disabled for purposes of the ADA, because there was evidence that some of his co-workers regarded him as “stupid” and “not playing with a full deck” because of his epilepsy and surgery. Id. (citing 42 U.S.C. § 12102(2)(B)-(C) (providing that one is disabled within the meaning of the ADA if one is regarded, either accurately or inaccurately, as having a disabling impairment)). In EEOC v. Northwest Airlines Inc., 216 F.Supp.2d 935 (D.Minn.2002), the final case cited by Plaintiff, an airline required that job applicants pass a pre-placement medical examination prior to hire. 216 F.Supp.2d at 936. Three persons were denied employment with the airline due to medical restrictions arising from diabetes or epilepsy, due to the airline’s policy of “categorically screening out insulin-dependent diabetics and anti-seizure medicated epileptics from obtaining employment as ESEs or Aircraft Cleaners.” Id. The only issue before the district court in the case, however, was whether the EEOC had adequately pleaded disability discrimination. Id. at 938-39. The court found that the EEOC had provided adequate notice to the defendant of the claims, as the complaint alleged that certain claimants were rejected for positions with the airline because of their disabilities due to the airline’s maintenance of a blanket exclusionary policy and due to the fact that the airline did not individually assess potential employees for the ability to perform work with reasonable accommodations. Id. at 939. Of the three cases cited by Plaintiff, only Otting has any relevance to the Court’s consideration of the present case. In that ease, epileptic seizures that caused severe limitations on speaking, walking, and seeing, were deemed sufficient to satisfy the first element of plaintiffs prima facie ADA case. In Otting, however, it was clear that the seizures themselves were not under control at the time of Otting’s termination, despite surgery and medication. In Brunke v. Goodyear Tire and Rubber Co., 344 F.3d 819 (8th Cir.2003), the Eighth Circuit Court of Appeals distinguished Otting. In Brunke, the plaintiff had epilepsy and had a seizure at work in February 1988. 344 F.3d at 820. He was temporarily transferred from his oiler position to a production job on orders of a staff physician. Id. Following another seizure at work in November 1989, he was again transferred to a production job. Id. In September 1992, based on his personal physician’s assessment that Brunke’s seizures were under control, he was transferred back to his oiler position where he served without incident until his discharge in December 2000, following several altercations and confrontations with co-workers. Id. at 820-21. The Court of Appeals found that there was no evidence connecting Brunke’s workplace behavior with his epilepsy, and no evidence that epilepsy substantially limited Brunke’s major life activities outside the workplace. Id. at 821-22. The court emphasized in reaching this conclusion that Brunke’s case was distinguishable from Otting, because in Ot-ting, the plaintiffs “epileptic seizures were not under control at the time of her termination despite surgery and medication.” Id. at 822. Notably, none of the cases cited by Plaintiff deal with an alleged substantial limitation on the major life activity of eating, and none deal directly with diabetes, though there is substantial case law dealing with such issues. In Orr v. Wal-Mart Stores, Inc., 297 F.3d 720 (8th Cir.2002), the Eighth Circuit Court of Appeals emphasized that “a ‘disability’ exists only where an impairment ‘substantially limits’ a major life activity, not where it ‘might,’ ‘could,’ or ‘would’ be substantially limiting if mitigating measures were not taken.” 297 F.3d at 724 (quoting Sutton v. United Air Lines, Inc., 527 U.S. 471, 482, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999)). In Orr, an insulin-dependent diabetic pharmacist was required to inject insulin three times per day and eat a special diet within thirty minutes of the insulin injection. Id. at 722. While he attempted to control his diabetes to the best of his ability, on occasion the diabetes was uncontrolled, causing Orr to suffer from “vision impairment, low energy, lack of concentration and mental awareness, lack of physical strength and coordination, slurred speech, difficulties typing and reading, and slowed performance.” Id. During his employment as a pharmacist with Wal-Mart, Orr routinely closed the pharmacy for thirty minutes over the noon hour to have an uninterrupted lunch. Id. Wal-Mart policy required the pharmacy to remain open during store hours, and Orr was instructed not to close the pharmacy during his lunch break, Id. Orr continued to close the pharmacy and was issued a written warning, Id. While Orr eventually agreed to abide by the policy, he later expressed concern that his inability to take an uninterrupted lunch break would adversely affect the control of his diabetes. Id. at 723. Despite initially following the policy and keeping the pharmacy open, Orr later informed his supervisor that we was “resuming noon lunch breaks away from the pharmacy for the maintenance of his diabetic health.” Id. Orr’s employment with Wal-Mart was terminated. Id. The district court found that Orr was not disabled within the meaning of the ADA. Id., The Court of Appeals affirmed, noting that Orr had “failed to present evidence explaining either how diabetes substantially affects his major life activities or the duration and frequency of any limitation.” Id. at 724. The appellate court stated that most disabilities, “including diabetes, ‘do not have a substantial enough effect on [ ] major life activities’ ” and that “[hjealth conditions that cause moderate limitations on major life activities do not constitute disabilities under the ADA.” Id. (quoting Berg v. Norand Corp., 169 F.3d 1140, 1145 (8th Cir.1999)). Indeed, in Weber v. Strippit, Inc., 186 F.3d 907 (8th Cir.1999), the Court of Appeals reaffirmed a finding it had previously-made that dietary restrictions, in general, are “moderate limitations on major life activities” and “do not suffice to constitute a ‘disability’ under the ADA” 186 F.3d at 914 (citing Land, 164 F.3d at 425 (holding that an individual is not actually disabled where, despite a severe allergic reaction to foods containing peanuts or peanut byproducts, she can consume other foods and her physical ability to eat is not in any way restricted)); see also Kammueller v. Loomis, Fargo & Co., 285 F.Supp.2d 1200, 1209 (D.Minn.2003) (plaintiff in renal failure who had to limit the types of foods he ate was not substantially limited in the major life activity of eating because his ability to eat was not restricted), rev’d on other grounds by 383 F.3d 779 (8th Cir.2004); Kinzer v. Fabyanske, Westra & Hart. P.A., No. Civ. 00-855, 2001 WL 1110371, at *3 n. 5 (D. Minn. Sept 19, 2001) (“It is true that Kinzer is required to monitor his blood sugar levels; he cannot eat exactly what he wants, when he wants it; his sleep is disturbed by the fluctuations in his blood sugar levels; and he must be more cautious about his exercise habits. But none of these requirements or limitations amount to a ‘substantial limitation’ within the meaning of the ADA. Kin-zer does eat regular food ... and his need to monitor his blood glucose levels are an inconvenience rather than a limitation.”). Naturally, the determination of whether the limitations on Plaintiffs diet constitute moderate or substantial limitations must be determined in this case, as in any other disability discrimination case, on the individualized facts. Using such an approach, some courts have found that extreme dietary restrictions are sufficient to constitute a substantial limitation in the major life activity of eating. For example, in Lawson v. CSX Transportation, Inc. 245 F.3d 916, 918, the Seventh Circuit Court of Appeals found that a diabetic was substantially limited in the major life activity of eating when he had to test his blood four to six times per day, administer three insulin injections per day, “stop all other activities” at times when his glucose was low and “take in the kinds of food [to] bring his sugar levels back to normal.” 245 F.3d at 918. Further, the record reflected that, even when taking insulin, Lawson’s “ability to regulate his blood sugar and metabolize food is difficult, erratic, and substantially limited.” Id. at 924. The Lawson court differentiated the case from Eighth Circuit cases such as Weber and Land, pointing out that “[i]t is the severity of these limitations on his ability to eat that distinguishes Mr. Lawson’s situation from that of other individuals who must follow the simple ‘dietary restrictions’ that medical conditions sometimes entail.” Id. at 924-25. Plaintiffs case can be distinguished from Lawson. Unlike Lawson, Plaintiff is Type II diabetic and is not insulin dependent. While he is on a diet that requires him to eat 1800 calories per day, does not permit him to skip meals, and requires him to watch his carbohydrate intake and to avoid sugars, Plaintiff is only required to test his blood sugars with a glucometer once per week and simply estimates his caloric intake. Def.’s App. at 273-74; Pl.’s App. at 131. Though Plaintiff has testified that he suffers from high and low blood sugar episodes, he has provided absolutely no indication as to how frequently or infrequently such episodes occur. Indeed, Plaintiff testified that he has never had to leave work due to a high blood sugar episode, and only ever had to leave work once during his tenure with Defendant due to a low blood sugar episode. The Ninth Circuit, in a case subsequent to Lawson, noted that the fact that eating is a major life activity does “not thereby invite all those on a diet to bring claims of disability.” Fraser v. Goodale, 342 F.3d 1032, 1041 (9th Cir.2003) (“Not every impediment to the copious and tasty diets our waistlines and hearts cannot endure is a substantial limitation on the major life activity of eating.”). Taking the evidence in the light most favorable to Plaintiff, the Court cannot conclude that these restrictions constitute a substantial limitation on the major life activity of eating. Indeed, the Court finds the limitations imposed on Plaintiffs eating habits due to his diabetes substantially less compelling than the several cases where eating restrictions have been held sufficient to constitute a substantial limitation on eating, generally in the context of an insulin-dependent diabetic. See, e.g., Branham v. Snow, 392 F.3d 896, 903-04 (7th Cir.2004) (genuine issue of material fact existed where insulin dependent diabetic was required to measure blood sugar four times per day, and depending on the results, might have to eat immediately, wait to eat, or eat certain types of foods, and where plaintiff was “never free to eat whatever he pleases” and was required to adjust his diet to compensate for exertions, stresses, or illnesses), Likewise, the Court finds Plaintiffs case less compelling than innumerable cases where eating restrictions were held insufficient to constitute a substantial limitation on eating, See Albertson’s Inc. v. Kirkingburg, 527 U.S. 555, 565, 119 S.Ct. 2162, 144 L.Ed.2d 518 (1999) (the requirement of a major life activity being “substantially limited” requires a “significant restriction,” not a “mere difference”). For example, in a case factually similar to the present one, David Burrell, an insulin-dependent Type I diabetic, suffered numerous low blood sugar episodes during his employment as an “‘upfit’ technician customizing engines.” Burrell v. Cummins Great Plains, Inc., 324 F.Supp.2d 1000, 1003-04 (S.D.Iowa 2004). After termination from his position, Burrell filed suit under the ADA, arguing that the severity of his diabetes impacted his ability to eat and sleep, plus affected other major life activities. Id. at 1012, Rejecting Bur-rell’s argument that Type I diabetes constitutes a per se substantial limitation on major life activities, the court concluded that the fact that Burrell was insulin dependent, had to monitor his blood sugar constantly, and suffered from erratic changes during low blood sugar episodes, did not rise to the level of a substantial limitation on a major life activity. Id. at 1014. “The measures Burrell must take to maintain his diabetes, while inconvenient, do not constitute more than moderate limitations on any major life activity.” Id., at 1014-15. The court further found that the severe limitations Burrell suffered during a low blood sugar episode (during which Burrell suffered from dizziness, confusion, and mental changes, and limited Burrell’s ability to walk, care for himself, or work) were episodic, as the symptoms experienced during such an episode were temporary and did not affect Burrell all the time. Id. at 1015. “Even severe symptoms which are episodic do not constitute a substantial limitation on a major life activity.” Id. (citing EEOC v. Sara Lee Corp., 237 F.3d 349, 353 (4th Cir.2001) (finding that weekly epileptic seizures with severe symptoms did not constitute a substantial limitation on a major life activity because holding “that a person is disabled whenever that individual suffers from an occasional manifestation of an illness would expand the contours of the ADA beyond all bounds”)). As in Burrell, the Plaintiff here has offered no evidence of a substantial limitation on any major life activity. While Plaintiffs dietary restrictions are certainly an inconvenience, and differentiate him to some extent from persons without diabetes, countless average persons in the general population must endure similar sorts of restrictions. See Collado v. United Parcel Serv., Co., 419 F.3d 1143, 1155 (11th Cir.2005) (“Many people have to monitor their food intake for health and lifestyle reasons, and avoiding ‘mostly sugars’ is not ‘significantly restricted’ for this purpose. If it were, all insulin-dependent diabetics would have a ‘disability’ for ADA purposes, and we know from Sutton that they do not.” (citing Sutton, 527 U.S. at 471, 119 S.Ct. 2139)). While Plaintiff also attempts to argue that his episodes of high and low blood sugar interfere with other major life activities, such as speaking, walking, and seeing, this fact simply cannot save his claim on the record before the Court. While in cases such as Otting, occasional severe manifestations of an illness have been held sufficient to constitute a disability under the ADA, the record here is devoid of evidence as to how frequently Plaintiff suffers from high or low blood sugar episodes. While Plaintiff describes in detail the effects of such an episode, the record reasonably lends itself to the conclusion that these high or low blood sugar episodes do not occur with significant frequency, as they only precipitated Plaintiff to leave work once in well over five years of employment with Defendant. As in Brunke, the record presents no evidence connecting Plaintiffs workplace behavior with his diabetes, and no evidence that diabetes substantially limited Plaintiffs major life activities outside the workplace. Accordingly, the Court concludes that Plaintiff has failed to satisfy the first element of a prima facie case of disability discrimination. b. Was Plaintiff qualified to perform, the essential functions of his position with or without accommodation? Defendant next argues that, even if Plaintiff was disabled "within the meaning of the ADA, his claim still must fail because he has failed to satisfy the second essential element of his prima facie case. The second prong of the prima facie case is whether Plaintiff was able to perform the essential functions of his position at Federal-Mogul, with or without reasonable accommodation. An essential function may be established by evidence that includes: “(I) the employer’s judgment as to which functions are essential”; (2) “written job descriptions prepared before advertising or interviewing applicants for the job”; (3) “the amount of time spent on the job performing the function”; (4) “the consequences of not requiring the incumbent to perform the function”; and (5) “the current work experience of incumbents in similar jobs.” Moritz v. Frontier Airlines, Inc., 147 F.3d 784, 787 (8th Cir.1998) (quoting 29 C.F.R. § 1630.2(n)(3)). “A determination of what functions are essential is fact-specific, and ‘the inquiry into whether a particular function is essential initially focuses on whether the employer actually requires employees in the position to perform the functions that the employer asserts are essential.’ ” Barnes v. N.W. Iowa Health Ctr., 238 F.Supp.2d 1053, 1082 (N.D.Iowa 2002) (citing 29 C.F.R. § 1630.2(n)(2) at App. § 1630.2(n)). The Eighth Circuit has “consistently held that ‘regular and reliable attendance is a necessary element of most jobs.’ ” Pickens v. Soo Line R.R. Co., 264 F.3d 773, 777 (8th Cir.2001). Indeed, Defendant’s Plant Attendance Policy provides: “The importance of regular and timely work attendance cannot be overemphasized.” Defi’s App. at 154. Defendant contends that Plaintiff is unqualified for his position with Federal-Mogul due to excessive absenteeism. Specifically, Defendant points to the fact that Plaintiff was disciplined under the Plant Attendance Policy on sixteen separate occasions. The disciplinary records reflect that Plaintiff was absent and disciplined under the policy on January 31, 2002, December 13, 2003, December 22, 2003, April 30, 2004, May 15, 2004, July 3, 2004, October 1, 2004, January 15, 2005, and January 28, 2005, Plaintiff was tardy and disciplined on March 12, 2003. Plaintiff was disciplined due to “pass-out” on March 27, 2003, May 10, 2003, June 28, 2003, November 7, 2003, and January 28, 2004. On December 11, 2002, Plaintiff was disciplined, though it is unclear whether this was for an absence, tardiness, or “pass-out.” Def.’s App. at 97-107. Additionally, Plaintiff took leaves of absences from May 29, 2001 to June 8, 2001 (8 days not counting Saturdays or Sundays); from June 8, 2001 to June 11, 2007 (1 day); from March 28, 2003 to April 2, 2003 (3 days); from September 18, 2003 to September 29, 2003 (7 days); from September 30, 2003 to October 1, 2003 (1 day); from October 3, 2003 to October 12, 2003 (6 days); from September 28, 2004 to September 29, 2004 (1 day); and from November 10, 2004 to November 15, 2004 (3 days). Thus, between May 29, 2001 and January 28, 2005, a period of approximately three and one-half years, Plaintiff was absent or tardy from work on at l