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Drug Abuse and ADA

The ADA specifically excludes people who are curreently engaging in the illegal use of drugs from protection under the Act. An employer need not hire a person who is currently a drug addict. However, be careful in dealing with drug addiction issues because a person with a record of drug addiction, but who is not currently addicted, may be covered. Alcoholics, unlike drug addicts, may be covered under the ADA. There is no per se exclusion for alcoholics as there is for current drug addicts. If a person is an alcoholic, he may be held to the same standards as a non-alcoholic employee.

Through out the BizKeys' A to Z Index you will find "Practice Pointers" such as the one shown above to help in the interpretation of certain topics.

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