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Can an employer refuse to hire an applicant or fire a current employee who is illegally using drugs?

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  • Can an employer refuse to hire an applicant or fire a current employee who is illegally using drugs?

Yes. Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of a “qualified individual with a disability” protected by the ADA when an action is taken on the basis of their drug use.


October 2018

Tags: EEOC, ADA

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