Write a 3 to 5 page memorandum where you address the following: John Smith worked for the Maricopa County Sheriffs Office, transporting prisoners from their holding cells to the courthouse. In fulfillment of Department of Transportation (DOT) regulations, which apply to all local governments in the U.S., County bus drivers are REQUIRED to submit to random drug screens. During a random drug screen, the driver reports to work and is told to report immediately to a nearby Urgent Care clinic and give a urine specimen to a DOT-certified collector. ONLY urine tests are permitted under the DOT regulations. The driver then has 30 minutes to report to the clinic. No advance notice is given. After the test, which takes around 20 minutes, the driver reports back to work and resumes his shift. Smith suffers from paruresis, or shy bladder syndrome, which obstructs his ability to urinate and thus give urine samples. He experiences similar problems in public restrooms. In fact, the only places he can urinate without problems are his home and the dispatch office where he parks his bus. Smith drove a bus for 3 years without incident. In his 4th year as a County bus driver, Smith was chosen for a random drug screen, and pursuant to County policy, reported to a nearby Urgent Care clinic to give his sample. However, he experienced difficulty providing a urine sample to the medical assistant. The medical assistant wrote shy bladder on the test form. Later, Smith again was required to submit to a random drug screen, but was unable to provide the sample in the time required by DOT regulations. The County treated Smith’s failure to provide a sample as a refusal to test, which under DOT regulations, is treated the same as testing positive for drugs. Between those 2 urine tests, Smith was referred to a urologist, Dr. Michaels. Dr. Michaels concluded that Smith had shy bladder syndrome, which prohibited Smith from providing a sufficient amount of urine during the random drug tests, and recommended catheterizing Smith for future drug screenings. Unlike collecting urine in a specimen cup, which is done in 20 minutes and costs the County $55 per test, catheterization could take up to 5-6 hours and costs $750 per test. Also, a catheterization requires a scheduled appointment, at least 7 days in advance; in other words, you can’t just walk in. Thus, if his name were to be selected for a random drug screen, Smith’s test would be no earlier than 1 week later at the clinic. After Smith’s second failed drug screen, Sheriff Joe placed Smith on administrative leave without pay. Smith offered to submit to drug screens by catheterization, but Sheriff Joe refused. Smith also offered to bring the Urgent Care’s test kit back to the dispatch office and provide a specimen there, but Sheriff Joe refused. Ultimately, Smith was removed from the bus driver position and assigned to a dispatch position, which is less prestigious, pays less, and offers no opportunity for overtime pay. Smith has applied for reinstatement to bus driver position. Prepare a MEMORANDUM (like in Case Study 1) for Sheriff Joe that addresses the following: (a) whether Smith has a disability under the ADA; (b) whether Smith can perform the essential job requirements of the bus driver position, with or without a reasonable accommodation; (c) assuming there is a reasonable accommodation that will allow Smith to perform the essential job requirements of the bus driver position, must the County provide that accommodation? Why or why not? Students must include an introduction and a discussion section with headers. Papers need to be prepared as Microsoft Word document, double-spaced (and not larger), Times New Roman font, 12-point font (and not larger), and include appropriate citations. Sources must be cited, APA format, in-text and listed in the reference page at the end of the paper (include all available citation information in reference page). You must bring in ideas from the text and required readings. You may also bring in ideas from your own research in addition to the course reading. These are not solely opinion papers.
