Bases for cause of action for defamation, libel, slander, or damage to reputation.

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  • (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.




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