29 CFR 1630.3 - Exceptions to the definitions of

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There is 1 rule appearing in the Federal Register for 29 CFR 1630. View below or at eCFR (GPOAccess)
§ 1630.3 Exceptions to the definitions of “Disability” and “Qualified Individual with a Disability.”
(a) The terms disability and qualified individual with a disability do not include individuals currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
(1) 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)
(2) Illegal use of drugs means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act, as periodically updated by the Food and Drug Administration. This term does not include the use of a drug taken under the supervision of a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
(b) However, the terms disability and qualified individual with a disability may not exclude an individual who:
(1) 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; or
(2) Is participating in a supervised rehabilitation program and is no longer engaging in such use; or
(3) Is erroneously regarded as engaging in such use, but is not engaging in such use.
(c) It shall not be a violation of this part for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (b) (1) or (2) of this section is no longer engaging in the illegal use of drugs. (See § 1630.16(c) Drug testing).
(d) Disability does not include:
(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.
(e) Homosexuality and bisexuality are not impairments and so are not disabilities as defined in this part.

Title 29 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 29.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-01-29; vol. 79 # 19 - Wednesday, January 29, 2014
    1. 79 FR 4623 - Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act
      GPO FDSys XML | Text
      EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
      29 CFR Part 1630

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United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

Title 29 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 29 CFR 1630 after this date.

  • 2014-01-29; vol. 79 # 19 - Wednesday, January 29, 2014
    1. 79 FR 4623 - Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act
      GPO FDSys XML | Text
      EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
      29 CFR Part 1630