Section 12114 of the ADA provides:
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. * * * 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.
An employer is permited to . . .
1. prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;
2. require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;
3. 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. 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. with respect to Federal regulations regarding alcohol and the illegal use of drugs, require that employees who are required to abide by any applicable federal rule. Additionally, a test to determine the
illegal use of drugs shall not be considered a medical examination.16 If you imagine that the above language would be self explanatory in practice, you
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