161a

(a) An employee or candidate for employment, as the case may be, shall have a cause of action against an employer who has a controlled substance detection program, under the following circumstances:(1) The employer took disciplinary action against the employee, or refused to employ a candidate for employment, based on an erroneous test result, and the employer relied upon said result, through fraud, fault or negligence.(2) The employer who damages the reputation of the employee or candidate for employment by revealing the test results, through fraud, fault or negligence.(b) The employee who suffers damages as a result of a drug test performed on his/her sample, and does not file suit against his/her employer for fraud, fault or negligence, may however, avail him/herself of the benefits of §§ 1 et seq. of Title 11. History —Aug. 8, 1997, No. 59, § 4, eff. 180 days after Aug. 8, 1997.