June 25, 2020

Sent via email to egibbb@yahoo.com
Eric Gibson
3054 Norcott Drive
Keego Harbor, MI 48320

Dear Mr. Gibson:

I am writing to you following our receipt of the materials you provided at our request, relating to your
seeking an exemption from having to wear any facial covering whatsoever, at any time. As you know,
during this period where the impact of the Covid-19 pandemic has affected our community so profoundly,
SMART has instituted procedures for the safety of its employees, customers and others, in compliance with
the law. Your letter which you provided to Austin Colson, Civil Rights & External Drug and Alcohol
Compliance Manager set out 4 diverse grounds which prevent you from wearing a face mask or face shield
under any circumstances.

This came to our attention when you were scheduled for a return-to-work physical examination at a
Concentra Clinic. As you know, under the terms of your employment with SMART you were required to
pass a physical examination, including a DOT drug test, in order to return to work as a bus driver. At the
time of the examination, you refused to wear a mask, a face shield or any other compliant covering while at
the clinic, and due to safety concerns, the medical examiner could not proceed with your
examination. After that, you submitted a written request to SMART asking to be exempted from the safety
requirement that all drivers wear masks or other suitable facial protection.

We have carefully reviewed your request that you not be required to wear any face protection, and without
agreeing that the grounds you cited entitle you to seek an accommodation, we are denying your request
because your failure to wear a mask or other appropriate face protection would present a direct threat to the
health and/or safety of others.

If you believe our description of the events is not accurate, or if you are willing to propose an acceptable
alternative type of face shield that would equally limit the risk to the health and safety of your co-workers,
the examining doctor and the public, please feel free to contact Ms. Sutter or Mr. Colson. If we do not hear
from you within three business days, on or before June 30, 2020 with an acceptable resolution, then we will
consider that you have voluntarily resigned from your employment at SMART as you will no longer be
qualified for the job.

Sincerely, Sincerely,

Austin Colson Leeya Sutter

Civil Rights & External Drug and Director of Human Resources
Alcohol Compliance Programs Manager

CC: C. Martin, J. Young, K. Colon



 


July 1, 2020
Sent via email to egibbb@yahoo.com

Eric Gibson
3054 Norcott Drive
Keego Harbor, MI 48320

Dear Mr. Gibson,

We are writing to you again following our receipt of your response sent on June 29, 2020, to ours,
relating to your seeking an exemption from having to wear any facial covering whatsoever, at any
time. We have explained that in the absence of your wearing any facial covering as required, you
would not be able to, among other things, complete the required return to work physical. At that
time, we invited you to suggest an acceptable alternative.

We have carefully reviewed your response and your request again, that you not be required to wear
any facial protection at any time. This does not constitute an acceptable alternative. As such, we
must deny your request as this not only prevents you from obtaining and passing a return to work
physical, but because your failure to wear a mask or other appropriate face protection would
present a direct threat to the health and/or safety of others.

As your most recent response did not provide an acceptable alternative, we regret to inform you
that your employment has been terminated effective today, Wednesday, July 1, 2020.

Sincerely, Sincerely,

Austin Colson Leeya Sutter

Civil Rights & External Drug and Director of Human Resources
Alcohol Compliance Programs Manager

CC: C. Martin, J. Young, K. Colon