Illegal use of drugs
It is important to note that only people who are currently using drugs illegally are excluded from protection under WIA Section 188 and other relevant Federal laws. The following categories of persons are considered individuals with disabilities under those laws, and are therefore protected from discrimination on the basis of their past drug use (if that use qualified as a "disability" under the criteria described earlier in this training):
- Persons who have successfully completed a supervised drug rehabilitation program (an in-patient, out-patient, or employee assistance program), and who are no longer using drugs illegally;
- Persons who have been rehabilitated successfully in some other way (e.g., recognized self-help programs such as Narcotics Anonymous), and who are no longer using drugs illegally; and
- Persons who are currently participating in a supervised rehabilitation program, and who are no longer using drugs illegally.
