The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make it easier for employers to defend lawsuits.
Burden of Proof
The Iowa drug testing law previously required employers to prove that the requirements of the drug testing law were met in the event an employee alleged a violation. The amendments state that an aggrieved employee or applicant “has the burden of establishing by a preponderance of the evidence that a violation … directly caused any damages for which affirmative relief is sought.”
The amendments provide that “[a]n employer” who violates the law or aids in the violation is liable to an aggrieved employee or prospective employee. Previously, the law permitted claims against “[a] person” who violated the law or aided in the violation.
The amendments also qualify that attorney’s fees awarded to an aggrieved employee or applicant must be “reasonable.”
Written Notices
Under the Iowa drug testing statute, employers are required to provide:
(1) Written notice to employees who test positive for drugs or alcohol; and
(2) For applicants and employees who are minors, a copy of the employer’s drug testing policy and written notice of positive test results to their parent.
These notices previously were required to be sent by certified mail, return receipt requested. (The Iowa Supreme Court had held that...
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