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

Yes. A test for the illegal use of drugs is not considered a medical examination under the ADA; therefore, employers may conduct such testing of applicants or employees and make employment decisions based on the results. The ADA does not encourage, prohibit, or authorize drug tests.

If the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.

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

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

Fact Sheet: The ADA, Addiction, and Recovery