DECISION OF THE BOARD OF DIRECTORS
These cases are again before the Board of Directors (“Board”) pursuant to petitions for review filed by Anthony Katsouros (“Katsouros”), an employee of the Office of the Architect of the Capitol, and by the Office of the Architect of the Capitol (“AOC”).2 In our prior order and decision dated January 21, 2011, we joined the case arising out of Katsouros’ disciplinary suspension (07-AC-48)(“Katsouros I”) with the case arising out of his termination (09-AC10)(“Katsouros II”) and remanded the joined case to the Hearing Officer for further proceedings consistent with the order and decision.
The Board has fully considered the Hearing Officer’s Decision and Order issued after the remand, and the parties’ filings. For the reasons stated below, the Board affirms the Hearing Officer’s Decision finding an ADA violation in Katsouros I; reverses the Hearing Officer’s Decision finding an ADA violation in Katsouros II; and affirms the dismissal of all other claims in Katsouros II.
Background
Suspension Case (Katsouros I)
The factual background surrounding Katsouros’ disciplinary suspension is set forth in our prior decision dated January 21, 2011. In that decision, we affirmed the Hearing Officer’s dismissal of the counts in the Complaint alleging retaliation under Section 207 of the Act, creation of a hostile work environment, and interference with FMLA rights, but reversed the Hearing Officer’s dismissal of the counts in the Complaint alleging a failure to accommodate claim under the ADA. We remanded the suspension case to the Hearing Officer for further proceedings on whether the AOC’s failure to postpone the hearing on the suspension as requested by Katsouros was a failure to accommodate in violation of the ADA.
