personality conflict does not constitute a harassment
As for the alleged actions constituting a hostile work environment,
it is evident that a personality conflict existed between complainant
and his supervisor. Complainant believed that his supervisor sought to
force him out of his position because he believed that his disability
diminished his productivity. Assuming arguendo, that complainant
was regarded by his supervisor as an individual with a disability,
we find that complainant has not established that the alleged actions
were based on his disability.3 In fact, the record suggests that the
primary cause of the discontent between complainant and his supervisor
was related to complainant’s union activities. As the AJ noted,
except where complainant was specifically asked about his disability,
he repeatedly made reference to his problems with his supervisor as
being related to his union activities. We note that in support of his
claim, complainant emphasized that his supervisor often stood behind
him and clocked the time he was taking to case his mail. However, the
testimony of coworkers indicates that it was common practice for the
supervisor to do this with other employees. Furthermore, complainant
has not claimed on appeal that he is alleging a denial of a reasonable
accommodation and there is no evidence that complainant requested such
an accommodation for the issues in this complaint. Upon review of the
record, the Commission finds that the AJ’s decision finding no disability
discrimination is supported by substantial evidence.
