42 USC 12114 – Illegal use of drugs and alcohol
(a) Qualified individual with a disability
For purposes of this subchapter, a qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
(b) Rules of construction
Terms Used In 42 USC 12114
- Commission: means the Equal Employment Opportunity Commission established by section 2000e-4 of this title. See 42 USC 12111
- covered entity: means an employer, employment agency, labor organization, or joint labor-management committee. See 42 USC 12111
- disability: means , with respect to an individual&mdash. See 42 USC 12102
- drug: means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [21 U. See 42 USC 12111
- employee: means an individual employed by an employer. See 42 USC 12111
- illegal use of drugs: means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [21 U. See 42 USC 12111
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- qualified individual: means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. See 42 USC 12111
Nothing in subsection (a) shall be construed to exclude as a qualified individual with a disability an individual who—
(1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;
(2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is not engaging in such use;
except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs.
(c) Authority of covered entity
A covered entity—
(1) may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;
(2) may require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;
(3) may require that employees behave in conformance with the requirements established under chapter 81 of title 41;
(4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and
(5) may, with respect to Federal regulations regarding alcohol and the illegal use of drugs, require that—
(A) employees comply with the standards established in such regulations of the Department of Defense, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Defense);
(B) employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commission); and
(C) employees comply with the standards established in such regulations of the Department of Transportation, if the employees of the covered entity are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Transportation).
(d) Drug testing
(1) In general
For purposes of this subchapter, a test to determine the illegal use of drugs shall not be considered a medical examination.
(2) Construction
Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.
(e) Transportation employees
Nothing in this subchapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to—
(1) test employees of such entities in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and
(2) remove such persons who test positive for illegal use of drugs and on-duty impairment by alcohol pursuant to paragraph (1) from safety-sensitive duties in implementing subsection (c).