A person may not bring an action for defamation of character, libel, slander, or damage to reputation against an employer who has established a program of drug testing or alcohol impairment testing under Alaska Stat. § 23.10.600 – 23.10.699 if the action is based on drug or alcohol testing unless

(1) the results of the test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, the tested prospective employee, or another person authorized or privileged by law to receive the information;
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Terms Used In Alaska Statutes 23.10.610

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(2) the information disclosed was a false positive test result;
(3) the false positive test result was disclosed negligently; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by law are satisfied.
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