Hector M. Tirado v. Department of the Treasury

DAVIS, Circuit Judge.

Petitioner Tirado, an employee of the Internal Revenue Service (IRS), was charged by his agency with (1) engaging in a physical altercation with a fellow employee, (2) acting so as to disrupt the ordinary operation of his office, and (3) disobeying a direct order. He was removed for these reasons, and then appealed to the Merit Systems Protection Board (MSPB or Board). After a hearing, the MSPB presid ing official sustained the charges and rejected Tirado’s contention that the IRS failed to attempt to accommodate his claimed handicap (an emotional problem). The presiding…