2013 Mississippi Code
Title 71 - LABOR AND INDUSTRY
Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES
§ 71-7-25 - Limitation period for civil actions for violations of chapter; relief available; effect of compliance with chapter by employer; presumption as to validity of test results; actions for defamation, etc


MS Code § 71-7-25 (2013) What's This?

(1) Upon an alleged violation of the provisions of this chapter, a person must institute a civil action in a court of competent jurisdiction within one (1) year of the alleged violation or the exhaustion of any internal administrative remedies available to the person, or be barred from obtaining the relief provided for in subsection (2) of this section.

(2) Relief for violations of this chapter shall be limited to:

(a) An injunction to restrain the continued violation of this chapter;

(b) The reinstatement of the person to the same position held before the unlawful drug and alcohol testing, disciplinary action or discharge, or to an equivalent position;

(c) The reinstatement of full employee benefits and seniority rights;

(d) Compensation for lost wages, benefits and other remuneration to which the person would have been entitled but for a violation of this chapter;

(e) Payment by the employer of reasonable costs.

(3) Any employer who complies with the provisions of this chapter shall be without liability from all civil actions arising from any drug and alcohol testing programs or procedures performed in compliance with this chapter.

(4) Pursuant to any claim alleging a violation of this chapter, including a claim under this chapter in which it is alleged that an employer's action with respect to a person was based on an incorrect test result, there shall be a rebuttable presumption that the test result was valid if the employer complied with the provisions of this chapter.

(5) 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 and alcohol testing in accordance with this chapter, unless:

(a) Information regarded as confidential is released not in accordance with an information release form signed by the person or otherwise not in accordance with this chapter;

(b) The information disclosed was based on an incorrect test result;

(c) The incorrect test result was disclosed with malice; and

(d) All other elements of an action for defamation of character, libel, slander or damage to reputation as established by statute or common law, are satisfied.

(6) No cause of action shall arise in favor of any person based upon the failure of an employer to establish a program or policy for drug and alcohol testing.

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