23-493.08. Limits to causes of action

A. No cause of action for defamation of character, libel, slander or damage to reputation is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article unless all of the following apply:

1. The results of that test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, the tested prospective employee or any other person authorized or privileged by law to receive the information.

2. The information disclosed was a false positive test result.

3. The false positive test result was disclosed negligently.

4. All elements of an action for defamation of character, libel, slander or damage to reputation as established by law are satisfied.

B. No cause of action arises in favor of any person against an employer based on the failure of the employer to establish a program or policy on substance abuse prevention or to implement drug testing or alcohol impairment testing.

C. Compliance with this article by employers is voluntary and no cause of action arises as a result of having a drug testing and alcohol impairment testing policy that is not in compliance with this article.

23-493.08. Limits to causes of action

A. No cause of action for defamation of character, libel, slander or damage to reputation is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article unless all of the following apply:

1. The results of that test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, the tested prospective employee or any other person authorized or privileged by law to receive the information.

2. The information disclosed was a false positive test result.

3. The false positive test result was disclosed negligently.

4. All elements of an action for defamation of character, libel, slander or damage to reputation as established by law are satisfied.

B. No cause of action arises in favor of any person against an employer based on the failure of the employer to establish a program or policy on substance abuse prevention or to implement drug testing or alcohol impairment testing.

C. Compliance with this article by employers is voluntary and no cause of action arises as a result of having a drug testing and alcohol impairment testing policy that is not in compliance with this article.