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The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from testing applicants or employees for current illegal drug use or making employment decisions based on verifiable results. However, the ADA would protect an employee with a disability who fails a drug test if the employer bases its termination decision on the underlying disability rather than the test result.
But here’s the thing.
The ADA will not help anyone if the employer is unaware of any disability.
In this recent Third Circuit decision, the plaintiff alleged that she uses cannabidiol (CBD)
