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Glossary


Currently engaging in the illegal use of drugs

Not limited to a person who illegally used drugs on the day of or within a matter of weeks before the employment action in question. Rather, the employer must make an individualized determination that focuses on whether the individual has used drugs close enough to the time of the employment action to indicated that there is a real and on-going problem. If an individual tests positive on a test for illegal drugs, the person will be considered a current drug user under the ADA where the test correctly indicates the illegal use of a controlled substance.



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