34-38-11. Bases for cause of action for defamation, libel, slander, or damage to
reputation.
No cause of action for defamation of character, libel, slander, or damage to reputation
arises in favor of any person against an employer who has established a program of drug or
alcohol testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to any person other than the employer, an
authorized employee or agent of the employer, the tested employee, or the tested prospective
employee;
(2) the information disclosed was based on a false test result;
(3) the false test result was disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to
reputation as established by statute or common law, are satisfied.
Enacted by Chapter 234, 1987 General Session
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Last revised: Thursday, May 28, 2009