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42 U.S. Code § 12114

Illegal use of drugs and alcohol

42 U.S. Code § 12114. Illegal use of drugs and alcohol

(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) Rules of constructionNothing in subsection (a) 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
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