On September 19, 2013, the Board of Directors issued a Decision and Order (“Decision”) in the above-captioned cases1 , affirming the Hearing Officer’s Decision, in part and reversing, in part. In its Decision, the Board affirmed the Hearing Officer’s finding, on remand, that the Appellee/Appellant (“Office of the Architect of the Capitol” or “AOC”) violated Section 201(a)(3) of the Congressional Accountability Act (“CAA”) by denying Appellant/Appellee’s (“Katsouros”) request for postponement of his December 2007 suspension hearing (Katsouros I , Case No. 07-AC-48 (DA, RP)). The Board reversed the Hearing Officer’s finding, on remand, that AOC also violated Section 201(a)(3) of the CAA when it failed to engage in the interactive process to determine a reasonable accommodation with respect to Katsouros’ May 8, 2008 termination hearing. (Katsouros II, Case No. 09-AC-10 (DA, FM, RP))
On October 17, 2013, Katsouros filed a Request for Reconsideration of the part of the Board’s Decision reversing the Hearing Officer. After a full review of the Petitioner’s request and supporting memorandum,2 the Board denies the request.
Anthony Katsouros was employed by the AOC as a mechanic in the Elevator Shop, and made various Family and Medical Leave Act (“FMLA”), Americans with Disabilities Act (“ADA”), retaliation and hostile work environment claims. In December of 2007, while Katsouros was on an approved medical leave, the AOC conducted a disciplinary hearing which imposed a 10-day suspension. The evidence shows that Katsouros returned from medical leave on January 14, 2008, presumably ready to work. Upon his return to work, Katsouros was sent home to serve the 10-day suspension. After serving the 10-day suspension, Katsouros never returned to work. On February 12, 2008, Katsouros’ supervisor issued a proposal to terminate him based on his failure to follow leave procedures and his absences without leave. On May 15, 2008, a hearing was held on the proposed termination. Katsouros was not present at this hearing and on June 5, 2008, the Acting Architect issued a final decision upholding the termination. Katsouros filed FMLA, ADA, retaliation and hostile work environment claims as a result of his termination.
