This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.

House Journal: Page 491: Wednesday, March 4, 1998

16     (2)  To any federal agency or other unit of the
17   federal government as required under federal law,
18   regulation or order, or in accordance with compliance
19   requirements of a federal government contract.
20     (3)  To any agency of this state authorized to
21   license individuals if the employee tested is licensed
22   by that agency and the rules of that agency require
23   such disclosure.
24     (4)  To a union representing the employee if such
25   disclosure would be required by federal labor laws.
26     (5)  To a substance abuse evaluation or treatment
27   facility or professional for the purpose of evaluation
28   or treatment of the employee.
29     However, positive test results from an employer
30   drug or alcohol testing program shall not be used as
31   evidence in any criminal action against the employee
32   or prospective employee tested.
33     14.  CIVIL PENALTIES - JURISDICTION.
34     a.  Any laboratory or medical review officer which
35   discloses information in violation of the provisions
36   of subsection 7, paragraph "h" or "k", or any employer
37   who, through the selection process described in
38   subsection 1, paragraph "k", improperly targets or
39   exempts employees subject to unannounced drug or
40   alcohol testing, shall be subject to a civil penalty
41   of one thousand dollars for each violation.  The
42   attorney general or the attorney general's designee
43   may maintain a civil action to enforce this
44   subsection.  Any civil penalty recovered shall be
45   deposited in the general fund of the state.
46     b.  A laboratory or medical review officer involved
47   in the conducting of a drug or alcohol test pursuant
48   to this section shall be deemed to have the necessary
49   contact with this state for the purpose of subjecting
50   the laboratory or medical review officer to the

Page 15

 1   jurisdiction of the courts of this state.
 2     15.  CIVIL REMEDIES.  This section may be enforced
 3   through a civil action.
 4     a.  A person who violates this section or who aids
 5   in the violation of this section, is liable to an
 6   aggrieved employee or prospective employee for
 7   affirmative relief including reinstatement or hiring,
 8   with or without back pay, or any other equitable
 9   relief as the court deems appropriate including
10   attorney fees and court costs.
11     b.  When a person commits, is committing, or
12   proposes to commit, an act in violation of this
13   section, an injunction may be granted through an
14   action in district court to prohibit the person from
15   continuing such acts.  The action for injunctive

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 5 13:40:05 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00491.html
jhf