39-2-210. Limitation on adverse action. Except as provided in 16-12-108, no adverse action, including followup testing, may be taken by the employer if the employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by illegal use of controlled substances or by alcohol consumption. If the employee presents a reasonable explanation or medical opinion, the test results must be removed from the employee's record and destroyed.
History: En. Sec. 6, Ch. 521, L. 1997; amd. Sec. 2, Ch. 315, L. 2011; amd. Sec. 65, Ch. 576, L. 2021.
Structure Montana Code Annotated
Chapter 2. The Employment Relationship
Part 2. General Obligations of Employers
39-2-202. through 39-2-204 reserved
39-2-207. Qualified testing program
39-2-208. Qualified testing program -- allowable types -- procedures
39-2-209. Employee's right of rebuttal
39-2-210. Limitation on adverse action
39-2-211. Confidentiality of results
39-2-212. through 39-2-214 reserved
39-2-215. Public employer policy on support of women and breastfeeding -- unlawful discrimination