Just because an employee says he has a disability doesn't mean he actually does

The University of Nebraska fired James Trambly, an IT support specialist, for violating university policy by removing a hard drive from a university-owned computer without authorization. The termination followed a year of documented performance issues—poor communication, overstepping into colleagues' work, visible frustration, interrupting clients, and spending excessive time on service calls.

After his termination, Trambly sued for disability discrimination and retaliation, claiming the university was aware of his "mental impairment": attention deficit/hyperactivity disorder (ADHD).

The 8th Circuit upheld the dismissal of his lawsuit because Trambly couldn't prove he actually had a disability. His only "evidence" was a pediatric report from an asthma specialist he saw at age 13, which mentioned that he "carried a diagnosis of ADHD." He had no current medical documentation—nothing from the past 30 years.

His retaliation claim failed too. There was no evidence his negative performance review was tied to protected activity, especially since he admitted to the performance issues. And he was fired just days after admitting to the unauthorized hard drive removal, a clear policy violation. In short, there was no evidence his termination was for anything other than misconduct.

To succeed on a disability discrimination claim, an employee needs more than self-diagnosis and vague accusations. One has to plead—and prove—a qualifying disability, show how it limits one or more major life activities, and connect the dots to the employer's actions.

Trambly didn't lose because he had ADHD. He lost because he couldn't prove it.