['Drug and Alcohol Testing']

['Substance Abuse']

06/19/2025

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Drug and Alcohol Testing - Substance Abuse
FAQ

FAQ

What does “currently using” mean in the context of drug or alcohol use?

RegSense Drug and Alcohol Testing Substance Abuse HR Generalist FAQ Best Results USA HR Management English Focus Area Human Resources

In 1997, the United States Court of Appeals found that to be a “current” drug user, an employee did not have to be using drugs at the moment of termination. It found that a person who illegally uses drugs in the weeks and months before being fired could be considered to be “currently engaging in the illegal use of drugs” and would not be protected by the ADA. An employer could discharge this person without fear of being held liable for discrimination.

['Drug and Alcohol Testing']

['Substance Abuse']

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