8.8 Pre–Employment Inquiries About Drug and Alcohol Use

Technical assistance manual on the employment provisions (Title I) of the Americans With Disabilities Act

VIII. DRUG AND ALCOHOL ABUSE

An employer may make certain pre–employment, pre–offer inquiries regarding use of alcohol or the illegal use of drugs. An employer may ask whether an applicant drinks alcohol or whether he or she is currently using drugs illegally. However, an employer may not ask whether an applicant is a drug addict or alcoholic, nor inquire whether s/he has ever been in a drug or alcohol rehabilitation program. (See also Pre–Employment Inquiries, Chapter V.)

After a conditional offer of employment, an employer may ask any questions concerning past or present drug or alcohol use. However, the employer may not use such information to exclude an individual with a disability, on the basis of a disability, unless it can show that the reason for exclusion is job–related and consistent with business necessity, and that legitimate job criteria cannot be met with a reasonable accommodation. (For more information on pre–employment medical inquiries, see Chapter VI.)