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IN THE COURT OF APPEALS OF IOWA No. 6-437 / 05-1883 Filed November 16, 2006

STACY MICHAEL JACKSON, Plaintiff-Appellant, vs. BOSSARD IIP, INC., Defendant-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Black Hawk County, Jon Fister, Judge.

Stacy Michael Jackson appeals the district court's summary judgment ruling dismissing his disability discrimination claim against Bossard IIP, Inc. AFFIRMED.

John Rausch of Rausch Law Firm, Waterloo, for appellant.

Kevin Driscoll of Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellee.

Heard by Huitink, P.J., Vogel, J., and Beeghly, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).

2 HUITINK, P.J. I. Background Facts & Proceedings. After receiving the requisite administrative release from the Iowa Civil Rights Commission, Stacy Jackson sued Bossard IIP, Inc., claiming disability discrimination in violation of the Iowa Civil Rights Act (ICRA). More specifically, Jackson claimed he was fired from his employment at Bossard because of the disabling effects of narcolepsy, a medical condition for which he had been diagnosed and treated at the time he was fired. Bossard admitted Jackson was fired for sleeping on the job. Bossard, however, affirmatively alleged Jackson was not disabled and that his termination was not the result of any discriminatory intent. Bossard subsequently moved for summary judgment, arguing Jackson was not disabled within the meaning of ICRA. The trial court determined

Jackson was, as a matter of law, unable to prove he was disabled and dismissed Jackson's lawsuit against Bossard. On appeal Jackson raises the following issues: I. District court erred in ruling plaintiff's narcolepsy was not covered under ADA as plaintiff's narcolepsy substantially limited him from performing both a class of jobs and a broad range of jobs in various classes. Was Mr. Jackson perceived as disabled?

II.

II. Standard of Review. We review the district court's summary judgment ruling for the correction of errors at law. Iowa R. App. P. 6.4.

3 III. Merits. The ICRA generally prohibits an employer from discriminating against a qualified person because of a disability. Iowa Code

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