Drug and Alcohol Use

Current users of illegal drugs (including illegal use of prescription drugs) and alcohol are not covered by the ADA.  42 U.S.C. § 12114(a). Tests for drug and alcohol usage are not subject to the ADA restrictions on medical exams. The ADA does not exclude—

• Individuals who are completing or have completed a rehabilitation program and are no longer using drugs.

• Individuals who are "believed" to be using drugs.

42 U.S.C. § 12114(b).

The ADA protects recovering addicts from discrimination on the basis of their status as an addict and a reasonable accommodation for an addict may include time off for treatment.

Under the ADA, recovering alcoholics and drug addicts are held to the same job performance standards as all other employees.

For additional information about drug testing, see Governmental Employee Drug Testing-The Constitutional Issues.