Employer’s Fitness Exam Didn’t Violate Due Process, Court Says

Saginaw County, Michigan didn’t violate employee Jeffrey Capen’s constitutional due process rights by ordering him to undergo fitness-for-duty evaluations, the Sixth Circuit said Wednesday.

“While Capen’s fitness-for-duty evaluations were no doubt stressful, deeply personal, and consequential to him, he has not shown that his ability to refuse these evaluations was protected by the Constitution,” Judge Eric L. Clay said. Clay affirmed affirmed the lower court’s grant of summary judgment to Saginaw and County Chief Administrative Officer Robert Belleman.

Belleman ordered Capen who worked in the Saginaw County Maintenance Department, to undergo the evaluations after Capen allegedly threatened to kill …