2018 Mississippi Code
Title 71 - Labor and Industry
Chapter 7 - Drug and Alcohol Testing of Employees
§ 71-7-23. Civil actions for damages and injunctive relief for violations of chapter authorized; award of attorney fees.
(1) A person alleging a violation of this chapter may bring an action for injunction relief or damages, or both.
(2) For the purposes of this chapter, damages shall be limited to the recovery of compensatory damages directly resulting from injury or loss caused by each violation of this chapter.
(3) A person or collective bargaining agent may bring an action under this section only after first exhausting all applicable grievance procedures and arbitration proceeding requirements under a collective bargaining agreement; provided, however, that the person’s right to bring an action under this section shall not be affected by a decision of a collective bargaining agent not to pursue a grievance.
(4) If a violation of this chapter is found and damages are awarded, reasonable attorney fees may be awarded to the person if the court or arbitrator finds that an employer has knowingly or recklessly violated this chapter.