ADA and Employment of People Using Illegal Drugs
by: New Mexico Legal Aid
If you are disabled, you are covered by this law.
A person who uses unlawful drugs is not disabled.
Any person using illegal drugs is not covered by this law.
If you have done a drug rehab and are drug free, you are covered.
If you are taking a drug rehab and are drug free, you are covered.
If someone mistakenly believes you are using drugs, you are covered.
The employer can use a program that includes testing for drugs.
The program cannot be limited to drugs only.
The employer may have a contract with a government agency.
Then he can demand that his workers meet any requirements of the agency about drugs and alcohol.
A test to find out about drug use is not a medical examination.
It cannot be called a medical examination.
The Department of Transportation may give a test to decide if there is drug use. If there is, it may remove anyone found to be using.
An employer must post notices as is explained in The Civil Rights Act of 1964.
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