§ 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 is based on an inaccurate test result;

(3) an inaccurate test result is 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.

Amended by Chapter 284, 2010 General Session