
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12114]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                        SUBCHAPTER I--EMPLOYMENT
 
Sec. 12114. Illegal use of drugs and alcohol


(a) Qualified individual with a disability

    For purposes of this subchapter, the term ``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

    Nothing in subsection (a) of this section 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 the Drug-Free Workplace Act of 1988 
    (41 U.S.C. 701 et seq.);
        (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) of this 
    section.

(Pub. L. 101-336, title I, Sec. 104, July 26, 1990, 104 Stat. 334.)

                       References in Text

    The Drug-Free Workplace Act of 1988, referred to in subsec. (c)(3), 
is subtitle D (Secs. 5151-5160) of title V of Pub. L. 100-690, Nov. 18, 
1988, 102 Stat. 4304, which is classified generally to chapter 10 
(Sec. 701 et seq.) of Title 41, Public Contracts. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 701 of Title 41 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 12209 of this title; title 2 
sections 1202, 1311; title 3 section 411.
