Scott Hampe
v.
Charles Gabus Motors, Inc., d/b/a Toyota of Des Moines, and Gadimina Enterprises, Inc. d/b/a Mid-Iowa Occupational Testing
Appellant
Scott Hampe
Appellee
Charles Gabus Motors, Inc., d/b/a Toyota of Des Moines, and Gadimina Enterprises, Inc. d/b/a Mid-Iowa Occupational Testing
Attorney for the Appellant
Matthew M. Sahag
Attorney for the Appellee
Andrew Tice, Margaret A. Hanson, and Katelynn T. McCollough
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Badding, J. (24 pages)
Scott Hampe appeals the district court’s grant of summary judgment in favor of his employer and its occupational testing service on his statutory claims under Iowa Code section 730.5 (2019) and common- law claims of fraud, invasion of privacy, conspiracy, and reckless disregard, all arising out of a private employer drug test. OPINION HOLDS: We affirm the entry of summary judgment for the testing service on all claims raised by Hampe. As to the employer, we affirm summary judgment on all claims except the claims that it violated the testing pool requirements of section 730.5(8)(a), the supervisor training requirements in section 730.5(9)(h), and the uniform disciplinary policy required by section 730.5(9)(b). We find that genuine issues of material fact remain on those claims, which we remand to the district court for further proceedings.
