City of Hollywood’s pre-employment drug testing policy ruled unconstitutional
Baron v. City of Hollywood, 93 F. Supp. 2d 1337 (S.D. Fla. 2000). Pre-Employment Drug Testing. Baron vs. City of Hollywood challenged the City of Hollywood’s pre-employment drug testing policy that required all new employees to be drug tested regardless of the job they were performing. Mr. Hess was instrumental in successfully arguing that this policy was unconstitutional and in violation of Mr. Baron’s right to be free from unreasonable searches under the 4th Amendment.
Landmark decision for people with disabilities against Federal Express
Samson v. Federal Exp. Corp., 746 F.3d 1196 (11th Cir. 2014) Disability Discrimination The main issue of fact concerned whether or not test-driving trucks in interstate commerce was an essential function of a mechanic’s position. In a landmark decision for people with disabilities, our firm successfully defeated Federal Express at the 11th circuit Court of Appeals. Mr. Hess and his team were able to show to the Court that Federal Express was misusing Federal Motor Carrier Safety Regulations to justify their discriminatory actions toward Mr. Samson, a person with insulin dependent diabetes.