6th Circuit - Fitness for Duty - Due Process - Right to refuse medical evaluation - abandonment Sometimes I read a case and think that I must be missing something, so feel free to follow up and help on this. In the case, the court notes that the Plaintiff did not lose his position for refusing a fitness for duty evaluation, but rather, when the Defendants reasoned that he had a disability and began the accommodation process, he failed to attend a required meeting which under the CBA allowed the employer to dismiss him for job abandonment. That fact is fairly deep into the analysis of this case and yet I wonder why? Why wasn't it conclusive and didn't justify an unreported decision simply stating that fact. Anyway, the bulk of the case addresses the Plaintiff's refusal to comply with fitness for duty evaluations required by the employer. The court acknowledges that other circuits have found protected interests that can be impacted by these evaluations, but noted that the employee did not rely upon them, but instead relied solely on a right to refuse medical treatment. Recognizing some circumstances that might allow an employee to refuse medical treatment, the court concluded that fitness for duty in this case was not one. Employee loses. Capen v. Saginaw County, Mich, 24a0125p-06.pdf (uscourts.gov)<https://www.opn.ca6.uscourts.gov/opinions.pdf/24a0125p-06.pdf> Charles W. Thompson, Jr. Of Counsel P: (202) 466-5424 x7110 M: (240) 876-6790 D: (202) 742-1016 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/>