(a) Current illegal use of drugs--(1) In general. The terms
individual with a disability and qualified individual with a disability
do not include individuals currently engaging in the illegal use of
drugs, when the contractor acts on the basis of such use.
(2) ``Drug'' defined. The term drug means a controlled substance, as
defined in schedules I through V of section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(3) ``Illegal use of drugs'' defined. The term illegal use of drugs
means the use of drugs, the possession or distribution of which is
unlawful under the Controlled Substances Act, as updated pursuant to
that act. Such term does not include the use of a drug taken under
supervision by a licensed health care professional, or other uses
authorized by the Controlled Substances Act or other provisions of
Federal law.
(4) Construction. (i) Nothing in paragraph (a)(1) of this section
shall be construed to exclude as an ``individual with a disability'' or
as a ``qualified individual with a disability'' an individual who:
(A) Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of drugs, or has
otherwise been rehabilitated successfully and is no longer engaging in
the illegal use of drugs;
(B) Is participating in a supervised rehabilitation program and is
no longer engaging in such use; or
(C) Is erroneously regarded as engaging in such use, but is not
engaging in such use.
(ii) In order to be protected by section 503 and this part, an
individual described in paragraph (a)(4)(i) of this section must satisfy
the requirements of the definition of qualified individual with a
disability.
(5) Drug testing. It shall not be a violation of this part for the
contractor to adopt or administer reasonable policies or procedures,
including but not limited to drug testing, designed to ensure that an
individual described in paragraphs (a)(4)(i)(A) and (B) of this section
is no longer engaging in the illegal use of drugs. (See Sec. 60-
741.24(b)(1).)
(b) Alcoholics--(1) In general. The terms individual with a
disability and qualified individual with a disability do not include an
individual who is an alcoholic whose current use of alcohol prevents
such individual from performing the essential functions of the
employment position such individual holds or desires or whose
employment, by reason of such current alcohol abuse, would constitute a
direct threat to property or to the health or safety of the individual
or others.
(2) Duty to provide reasonable accommodation. Nothing in paragraph
(b)(1) of this section shall relieve the contractor of its obligation to
provide a reasonable accommodation for an individual described in
paragraph (b)(1) of this section when such an accommodation will enable
the individual to perform the essential functions of the employment
position such individual holds or desires, or when the accommodation
will eliminate or reduce the direct threat to property or the health or
safety of the individual or others posed by such individual, provided
that such individual satisfies the requisite skill, experience,
education and other job-related requirements of such position.
(c) Contagious disease or infection--(1) In general. The terms
individual with a disability and qualified individual with a disability
do not include an individual who has a currently contagious disease or
infection and who, by reason of such disease or infection, would
constitute a direct threat to the health or safety of the individual or
others or who, by reason of the currently contagious disease or
infection, is unable to perform the essential functions of the
employment position such individual holds or desires.
(2) Duty to provide reasonable accommodation. Nothing in paragraph
(c)(1) of this section shall relieve the contractor of its obligation to
provide a reasonable accommodation for an individual described in
paragraph (c)(1) of this section when such an accommodation will enable
the individual to perform the essential functions of the employment
position such individual holds or desires, or when the accommodation
will eliminate or reduce the direct
threat to the health or safety of the individual or others posed by such
individual, provided that such individual satisfies the requisite skill,
experience, education and other job-related requirements of such
position.
(d) Homosexuality or bisexuality. The term impairment as defined in
this part does not include homosexuality or bisexuality, and therefore
the term individual with a disability as defined in this part does not
include an individual on the basis of homosexuality or bisexuality.
(e) Other conditions. The term individual with a disability does not
include an individual on the basis of:
(1) Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
(2) Compulsive gambling, kleptomania, or pyromania; or
(3) Psychoactive substance use disorders resulting from current
illegal use of drugs.
