Are applicants or employees who are currently illegally using drugs protected by the ADA?

No. Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of an individual with a disability protected by the ADA when the employer takes action on the basis of their illegal drug use.


For additional information, take a look at the following resource:

The ADA, Addiction and Recovery

FAQ: Is testing for the illegal use of drugs permissible under the ADA?