DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Stephen Stewart (“Stewart” or “Appellant”). Stewart filed a four-count complaint alleging that the Office of the Architect of the Capitol (“AOC” or “Appellee”) interfered with his rights under the Family and Medical Leave Act (“FMLA”), retaliated against him for exercising his rights under the FMLA and Americans with Disabilities Act (“ADA”), and created a retaliatory hostile work environment. Following an evidentiary hearing, the Hearing Officer concluded that the evidence presented by Stewart failed to support any of the alleged claims. For the reasons set forth below, we affirm the decision of the Hearing Officer.
I. Background
Stewart was employed by the AOC from October 1988 until August 21, 2006, on which date he was terminated. From sometime in 2002 until the date of his termination, Stewart served as the general supervisor in the electrical shop of the House Office Buildings.
On a number of occasions during 2004 and 2005, Stewart was absent from work without authorization (“AWOL”), and he was disciplined for two such absences.1 On March 15, 2006,2 Stewart was once again absent from work without authorization. On that date, Stewart called his supervisor at 7:30 a.m. to inform him that he would be reporting to work late, as he needed to attend a meeting at his son’s school at 8:30 a.m. However, Stewart failed to report to work at all that day, and he did not call back to explain his absence; accordingly, the AOC charged him with 5 hours of AWOL status. Based on that incident, as well as Stewart’s prior leave infractions, on March 28, the AOC presented Stewart with a letter proposing his termination.
