EEOC upholds MSPB finding of no failure to accommodate. Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC) alleging the Agency failed to accommodate his disability for review of the Initial Decision of the Merit Systems Protection Board (MSPB) after Petitioner was verbally abusive towards his coworkers and supervisors, alleging the failure to accommodate resulted in his irritability and behavior.

On review, the EEO’s Office of Federal Operations (OFO) found that while petitioner demonstrated he had a physical impairment but was unable to prove that his disability substantially limited a major life activity. Further, even assuming the petitioner’s disability was substantially limiting, the OFO held that the Agency’s actions were not tantamount to discrimination given the circumstances. The OFO concurred with the MSPB’s final decision finding no discrimination.

Robert W. Bing v. Department of the Navy, EEO Petition No. 03990061 (February 1, 2000)