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On the other hand, you may wish to keep your information about your medications private and take your chances on the drug test.
If you do test positive, and you have disclosed the use of prescription medication, you may challenge any subsequent action based on the grounds that the positive result was caused by medication you take under medical supervision. The ADA and FEHA do not prohibit employers from disciplining or terminating employees for marijuana use, even when the drug is used to treat a disability in accordance with California’s medical marijuana law. Alcoholism is a disability under the ADA or FEHA if you have an impairment that limits or substantially limits your major life activities.
Therefore your employer may not make adverse employment decisions merely because it knows you are an alcoholic.
Such prohibited questions might include: “How often did you use illegal drugs in the past? ” and “Have you ever been treated for drug abuse or addiction? The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), the major laws covering individuals with disabilities, do not affect your employer’s right to prohibit alcohol and illegal drug use at the workplace.Employment rules prohibiting such drug or alcohol use are permissible. This is because an individual who currently uses illegal drugs – even due to an addiction – is not protected under the ADA or the FEHA.Job-protected time off for rehabilitation and treatment related to illegal drug addiction may be a reasonable accommodation if you are currently abstaining from illegal drugs.In California, a separate law requires private employers with 25 or more employees to reasonably accommodate employees who wish to voluntarily enter and participate in an alcohol or drug rehabilitation program.