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Are applicants or employees who are currently illegally using drugs protected by the ADA? [1]

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:

Fact Sheet: The ADA, Addiction and Recovery [2]

FAQ: Is testing for the illegal use of drugs permissible under the ADA? [3]

Source URL: https://adata.org/faq/are-applicants-or-employees-who-are-currently-illegally-using-drugs-covered-ada

Links:
[1] https://adata.org/faq/are-applicants-or-employees-who-are-currently-illegally-using-drugs-covered-ada
[2] https://adata.org/factsheet/ada-addiction-and-recovery
[3] https://adata.org/faq/testing-illegal-use-drugs-permissible-under-ada