Tow v. Truck Country of Iowa, Inc.

695 N.W.2d 36, 22 I.E.R. Cas. (BNA) 1588, 2005 Iowa Sup. LEXIS 52, 2005 WL 857106
Supreme Court of Iowa·Decided April 15, 2005·No. 04-0462·Published·Cited by 12 cases

Opinion

CARTER, Justice.

Truck Company of Iowa, Inc. (TCI) appeals from an adverse money judgment against it in favor of plaintiff, Thomas J. Tow. 1 The claim upon which that judgment was based involved the application of TCI’s drug-testing policy for prospective employees. The district court found that TCI had violated Iowa Code section 730.5(6)(&) (1999) by denying Tow employment based on his refusal to be retested at his own expense for drugs or alcohol in his bloodstream. An initial chemical test for that purpose had been inconclusive. The court awarded Tow substantial damages for lost wages and attorney fees. After reviewing the record and considering the arguments presented, we affirm the judgment of the district court.

I. Scope of Review.

The ruling involving TCI’s liability was contained in an order granting partial summary judgment. That ruling will be reviewed to determine whether it was a correct application of the law based on the undisputed facts in the record. Campbell v. Delbridge, 670 N.W.2d 108, 110 (Iowa 2003); Bushby v. Washington County Conservation Bd., 654 N.W.2d 494, 496 (Iowa 2002). The issue of Tow’s damages was determined at a bench trial, and because the action is at law, it will be reviewed to determine whether it was not supported by substantial evidence or was induced by an improper application of the law. Warder & Lee Elev., Inc. v. Britten, 274 N.W.2d 339, 340 (Iowa 1979); Briggs Transp. Co. v. Starr Sales Co., 262 N.W.2d 805, 808 (Iowa 1978).

II. Motion for Summary Judgment.

A. The undisputed facts. In December 2000, Tow, who had previously been employed as a customer service advisor at Sears, applied for a similar position with TCI. He was conditionally hired for an agreed salary subject to passing a physical examination and testing negative on a urine analysis to determine whether drugs or alcohol were present in his bloodstream.

TCI scheduled an analysis of Tow’s urine for December 26 (twelve days after his conditional hiring). A scheduling mix-up at the laboratory aborted the testing on that date. The test was rescheduled for January 2, 2001, and was completed on that date. Because the test revealed that Tow’s urine sample was abnormally diluted with regard to normal urine components, it was viewed as inconclusive by the laboratory. When so informed, TCI’s general manager contacted Tow and advised him that under TCI’s employment policy he could not be hired based on an inconclusive drug test. He was told that he could take a second test and would be hired if it revealed a negative result. He was further advised that he would have to advance the cost of retesting but that he would be reimbursed by TCI if the test results were negative. Tow declined to advance the cost of retesting, a second test was not scheduled, and Tow was not hired. Tow urges that, because he was not legally obligated to pay for the cost of retesting, *39 TCI’s reliance on his refusal to retest in making its hiring decision was contrary to law.

B. The legal issues on summary judgment. TCI maintains that it was under no legal requirement to pay for the cost of a second test of Tow’s urine after the first test was deemed to be inconclusive. This contention must be evaluated with regard to the statutory scheme set out in Iowa Code section 730.5.

Subparagraph 4 of Iowa Code section 730.5(10)(a) provides that “an employer may test employees and prospective employees for the presence of drugs or alcohol as a condition of continued employment or hiring.” Subparagraph 10(a)(4) provides that receipt of a confirmed positive drug or alcohol test in violation of the employer’s written policy may result in “[rjefusal to hire a prospective employee.” That subparagraph also provides that a similar result may prevail if an employee refuses to submit to a test. Paragraph 15(a) provides that violations of section 730.5 may be made the subject of a civil action and remedies may be invoked, including reinstatement or hiring, with or without back pay, and other appropriate relief, including costs and attorney fees.

With respect to the cost of testing for purposes of implementing the provisions of section 730.5, paragraph 6(6) provides, “An employer shall pay all actual costs for drug or alcohol testing of employees and prospective employees required by the employer.” Our ultimate goal in interpreting statutes is to discover the true intention of the legislature considering the clearly stated objects and purposes involved. State v. Rhiner, 670 N.W.2d 425, 428 (Iowa 2003); Bernau v. Iowa Dep’t of Transp., 580 N.W.2d 757, 761 (Iowa 1998). In order to ascertain the meaning of statutory language, we consider the context of the provision at issue and strive to interpret it in a manner consistent with the statute as an integrated whole. Griffin Pipe Prods. Co. v. Guarino, 663 N.W.2d 862, 865 (Iowa 2003). In applying these rules of interpretation, we are convinced that TCI was required to pay the cost of retesting Tow if it intended to employ the company’s drug-testing policy as a condition for hiring him.

The manifest purpose of section 730.5 is to regulate drug testing initiated by employers for the purpose of influencing employment decisions. It is undisputed TCI was invoking its drug-testing policy for prospective employees in the consideration of Tow’s employment. Its action in doing so without complying with the requirement that it pay “all actual costs for drug or alcohol testing” was properly found by the district court to be a violation of section 730.5 upon which civil remedies may be predicated. The district court did not err in granting summary judgment in favor of Tow with respect to this issue.

III. Findings by the Court as to Damages.

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Tow v. Truck Country of Iowa, Inc., 695 N.W.2d 36, 22 I.E.R. Cas. (BNA) 1588, 2005 Iowa Sup. LEXIS 52, 2005 WL 857106 (iowa 2005).

695 N.W.2d 36 (Tow v. Truck Country of Iowa, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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