[This] document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document. Withdrawal of a guidance document does not change covered entities’ legal responsibilities, as reflected in the ADA, its implementing regulations, and other binding legal requirements and judicial precedent. The Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.
Q. Can an employer refuse to hire an applicant or fire a current employee who is illegally using drugs?
A. Yes. Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of a "qualified individual with a disability" protected by the ADA when an action is taken on the basis of their drug use.
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