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

(a) Qualified individual^* with a disability^*. For this subchapter, a "qualified individual with a disability" does not include an employee^* or applicant who is currently engaging in the illegal use of drugs^* when the covered entity^* acts because of that use.

(b) Rules of construction. Subsection (a) does not exclude a person who (1) successfully completed a supervised drug^* rehabilitation program and no longer illegally uses drugs, or was otherwise successfully rehabilitated and no longer uses drugs; (2) is taking part in a supervised rehabilitation program and no longer uses drugs; or (3) is wrongly regarded as using drugs but is not using them. However, a covered entity does not violate this chapter by adopting or administering reasonable policies or procedures, including drug testing, designed to ensure that a person described in paragraph (1) or (2) no longer illegally uses drugs.

(c) Authority of covered entity. A covered entity (1) may prohibit all employees from illegally using drugs or using alcohol at the workplace; (2) may require employees not to be under the influence of alcohol or illegally using drugs at the workplace; (3) may require employees to behave in accordance with the requirements established under chapter 81 of title 41; (4) may hold an employee who illegally uses drugs or is an alcoholic to the same employment, job-performance, and behavior standards that the entity applies to other employees, even if the employee's unsatisfactory performance or behavior is related to drug use or alcoholism; and (5) may require, regarding Federal regulations about alcohol and illegal drug use, that (A) employees comply with Department of Defense standards if they work in an industry subject to those regulations, including any regulations for sensitive positions if they work in such positions; (B) employees comply with Nuclear Regulatory Commission^* standards if they work in an industry subject to those regulations, including any regulations for sensitive positions if they work in such positions; and (C) employees comply with Department of Transportation standards if they work in a transportation industry subject to those regulations, including any regulations for sensitive positions if they work in such positions. This section does not define "covered entity" or "sensitive positions."

(d) Drug testing. (1) For this subchapter, a test to determine illegal drug use is not a medical examination. (2) Nothing in this subchapter encourages, prohibits, or authorizes drug testing for illegal drug use by applicants or employees, or making employment decisions based on those test results.

(e) Transportation employees. Nothing in this subchapter encourages, prohibits, restricts, or authorizes the otherwise lawful exercise by entities subject to Department of Transportation jurisdiction of authority to (1) test their employees in, and applicants for, positions involving safety-sensitive duties for illegal drug use and on-duty impairment by alcohol; or (2) remove from safety-sensitive duties people who test positive for illegal drug use or on-duty alcohol impairment under paragraph (1), when implementing subsection (c).