42 U.S.C. § 12114 — Illegal use of drugs and alcohol

(a) Qualified individual with a disability. A "qualified individual with a disability" does not include an employee or applicant who is currently illegally using drugs, when the employer acts because of that current use. (b) Rules of construction. This does not let an employer treat someone as unprotected if that person (1) has finished a supervised drug rehab program and no longer illegally uses drugs, or was otherwise successfully rehabilitated and no longer uses; (2) is currently in a supervised rehab program and no longer uses; or (3) is wrongly thought to use drugs, but doesn't. Still, it isn't a violation for an employer to have reasonable policies, including drug testing, to make sure someone in group (1) or (2) has really stopped. (c) Authority of covered entity. An employer (1) may ban illegal drug use and alcohol use at the workplace for all employees; (2) may require employees not be drunk or using illegal drugs at work; (3) may require employees to follow the conduct standards set under chapter 81 of title 41; (4) may hold a drug-using or alcoholic employee to the same job-performance and behavior standards as everyone else, even when poor performance stems from the drug use or alcoholism; and (5) may require employees to follow federal drug-and-alcohol regulations — specifically (A) Defense Department rules, if their industry is covered, including any rules for sensitive positions; (B) Nuclear Regulatory Commission rules on the same basis; and (C) Department of Transportation rules on the same basis for transportation industries. (d) Drug testing. (1) A test to detect illegal drug use does not count as a "medical examination." (2) This law does not encourage, prohibit, or authorize drug testing of applicants or employees, or basing employment decisions on test results — it takes no position either way. (e) Transportation employees. Nothing here blocks, requires, restricts, or authorizes what Department of Transportation-regulated entities can otherwise lawfully do: (1) test employees and applicants in safety-sensitive jobs for illegal drug use and on-duty alcohol impairment; and (2) remove from safety-sensitive duty anyone who tests positive under (1), as part of exercising the authority described in (c).