Is drug testing prohibited?
The ADA neither requires nor prohibits drug testing. Testing for illegal use of drugs is NOT considered to be a medical examination. You may be tested prior to an employer making an offer of employment. Drug testing does not have to be related either to job duties or business necessity. If an employer tests for drugs, the procedures must conform to applicable federal, state and local law. The ADA considers that a positive drug test is indicative of current drug use. An individual currently engaging in the illegal use of drugs is not a protected individual under the ADA when the employer acts on the basis of such use. Since the ADA does not protect individuals who are currently using illegal drugs or alcohol, employers are allowed to: Prohibit the use of alcohol or illegal drugs at the workplace by all employees; Require that employees not be under the influence of alcohol or illegal drugs at the workplace; Require that employees conform their behavior to requirements established pursua
