Drug Testing and Inquiries About Drug Use

The ADA does not treat testing for the illegal use of drugs as a ''medical examination.'' Hence, the Act's limitations on the giving of medical examinations and using the results of medical tests does not apply to drug testing. The ADA, however, does not go so far as to encourage drug testing; rather, the statute is neutral on the subject. Section 104(d)(2) specifies that nothing in the Act ''shall be construed to encourage, prohibit or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.''