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An individual who is currently engaging in the illegal use of drugs is not an "individual with a disability" when the employer acts on the basis of such use.
An employer may prohibit the illegal use of drugs and the use of alcohol at the workplace.
It is not a violation of the ADA for an employer to give tests for the illegal use of drugs.
An employer may discharge or deny employment to persons who currently engage in the illegal use of drugs.
An employer may not discriminate against a drug addict who is not currently using drugs and who has been rehabilitated, because of a history of drug addiction.
A person who is an alcoholic is an "individual with a disability" under the ADA.
An employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol impairs job performance or conduct to the extent that s/he is not a "qualified individual with a disability."
Employees who use drugs or alcohol may be required to meet the same standards of performance and conduct that are set for other employees.
Employees may be required to follow the Drug-Free Workplace Act of 1988 and rules set by Federal agencies pertaining to drug and alcohol use in the workplace.
Virginia Commonwealth University | www.dbtac.vcu.edu
National Institute on Disability and Rehabilitation Research (#H133A060087-01)
VCU DBTAC Coordination, Outreach and Research Center
1112 East Clay Street| P.O. Box 980330 | Richmond, Virginia 23298-0330
Phone: (804)827-0917 | Fax: (804) 828- 828-1321
This website is maintained by the VCU DBTAC Coordination, Outreach and Research Center.
The VCU DBTAC Coordination, Outreach and Research Center does not provide ADA technical assistance.
For ADA technical assistance, contact your local Center at 800-949-4232.
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