Title I Technical Assistance Manual

8.2 Overview of Legal Obligations

• 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.