Drug Testing

[rmreidy]

OK so to some people this will be a really stupid question. Lets say I'm applying for a job. This employer requires a pre-employment drug screen, which I fail. I do not get the job on these premises. I have been clinically diagnosed with poly-substance addiction. Drug addiction is considered a disability. If an employer doesn't hire me because I fail the drug test am I not protected by any discrimination laws or anything under the Americans with disabilities act?

[Betty3]

Current illegal users of drugs are not "individuals with disabilities" under the ADA. However, persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction. However, an employer may refuse to hire an individual with a history of illegal drug use if the employer can demonstrate that the individual poses a "direct threat" to health or safety because of the high probability that s/he would return to the illegal drug use. Employment can be denied on a current positive drug test.