---
kind: "section"
citation: "42 U.S.C. § 12114"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12114"
heading: "Illegal use of drugs and alcohol"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12114"
units:
  - "Chapter 126 — Equal Opportunity for Individuals with Disabilities"
  - "Subchapter I — Employment"
---

# §12114. Illegal use of drugs and alcohol

- (a) **Qualified individual with a disability—** For purposes of this subchapter, a [qualified individual](/usc/42/12111.md?p=8) with a [disability](/usc/42/12102.md?p=1) shall not include any [employee](/usc/42/12111.md?p=4) or applicant who is currently engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A), when the [covered entity](/usc/42/12111.md?p=2) acts on the basis of such use.
- (b) **Rules of construction—** Nothing in [subsection (a)](#a) shall be construed to exclude as a [qualified individual](/usc/42/12111.md?p=8) with a [disability](/usc/42/12102.md?p=1) an individual who—
  - (1) has successfully completed a supervised [drug](/usc/42/12111.md?p=6-B) rehabilitation program and is no longer engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A), 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
  - (3) is erroneously regarded as engaging in such use, but is not engaging in such use;

  except that it shall not be a [violation](/usc/42/2000e–16a.md?p=c) of this chapter for a [covered entity](/usc/42/12111.md?p=2) to adopt or administer reasonable policies or procedures, including but not limited to [drug](/usc/42/12111.md?p=6-B) testing, designed to ensure that an individual described in paragraph [(1)](#b-1) or [(2)](#b-2) is no longer engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A).

- (c) **Authority of covered entity—** A [covered entity](/usc/42/12111.md?p=2)—
  - (1) may prohibit the [illegal use of drugs](/usc/42/12111.md?p=6-A) and the use of alcohol at the workplace by all [employees](/usc/42/12111.md?p=4);
  - (2) may require that [employees](/usc/42/12111.md?p=4) shall not be under the influence of alcohol or be engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A) at the workplace;
  - (3) may require that [employees](/usc/42/12111.md?p=4) behave in conformance with the requirements established under [chapter 81](/usc/41/chstIV/ch81.md) of title 41;
  - (4) may hold an [employee](/usc/42/12111.md?p=4) who engages in the [illegal use of drugs](/usc/42/12111.md?p=6-A) or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other [employees](/usc/42/12111.md?p=4), even if any unsatisfactory performance or behavior is related to the [drug](/usc/42/12111.md?p=6-B) use or alcoholism of such [employee](/usc/42/12111.md?p=4); and
  - (5) may, with respect to Federal regulations regarding alcohol and the [illegal use of drugs](/usc/42/12111.md?p=6-A), require that—
    - (A) [employees](/usc/42/12111.md?p=4) comply with the standards established in such regulations of the Department of Defense, if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Department of Defense);
    - (B) [employees](/usc/42/12111.md?p=4) comply with the standards established in such regulations of the Nuclear Regulatory [Commission](/usc/42/12111.md?p=1), if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Nuclear Regulatory [Commission](/usc/42/12111.md?p=1)); and
    - (C) [employees](/usc/42/12111.md?p=4) comply with the standards established in such regulations of the Department of Transportation, if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Department of Transportation).
- (d) **Drug testing—**
  - (1) **In general—** For purposes of this subchapter, a test to determine the [illegal use of drugs](/usc/42/12111.md?p=6-A) shall not be considered a medical examination.
  - (2) **Construction—** Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of [drug](/usc/42/12111.md?p=6-B) testing for the [illegal use of drugs](/usc/42/12111.md?p=6-A) by job applicants or [employees](/usc/42/12111.md?p=4) or making employment decisions based on such test results.
- (e) **Transportation employees—** Nothing in this subchapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to—
  - (1) test [employees](/usc/42/12111.md?p=4) of such entities in, and applicants for, positions involving safety-sensitive duties for the [illegal use of drugs](/usc/42/12111.md?p=6-A) and for on-duty impairment by alcohol; and
  - (2) remove such [persons](/usc/42/12111.md?p=7) who test positive for [illegal use of drugs](/usc/42/12111.md?p=6-A) and on-duty impairment by alcohol pursuant to [paragraph (1)](#e-1) from safety-sensitive duties in implementing [subsection (c)](#c).

## Source credit

(Pub. L. 101–336, title I, § 104, July 26, 1990, 104 Stat. 334; Pub. L. 110–325, § 5(c)(2), Sept. 25, 2008, 122 Stat. 3557.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

### Codification

In subsec. (c)(3), “chapter 81 of title 41” substituted for “the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

### Amendments

2008—Subsec. (a). Pub. L. 110–325 substituted “a qualified individual with a disability shall” for “the term ‘qualified individual with a disability’ shall”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor.

### Effective Date

Section effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title.