Iowa Drug Testing Law Amended: Lawsuits on the Rise

Iowas 10-page drug testing statute, enacted more than 30 years ago, includes provisions addressing permissible types of tests, written notice requirements, rehabilitation for positive alcohol test results, split-specimen testing, and mandatory supervisor training, among other things. The Governor recently signed an amendment into law that will allow employers to take action based on an alcohol test result of .02 grams of alcohol per two hundred ten liters of breath. In 2017, an amendment clarified that hair follicle testing is appropriate for pre-employment drug testing, which has led to an increase in lawsuits alleging violations of the statute. Some allege claims for wrongful discharge in violation of public policy, while at least one regarded the method of delivery of a positive test result notice.

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