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775 Ill. Comp. Stat. Ann. 5/2-104(C)

775 Ill. Comp. Stat. Ann. 5/2-104(C) – Disability Discrimination

(C)(1) For purposes of this Act, the term "handicap" shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when an employer acts on the basis of such use.
    (2) Paragraph (1) shall not apply where an employee or applicant for employment:
        (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 such use;
        (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.
    It shall not be a violation of this Act for an employer to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subparagraph (a) or (b) is no longer engaging in the illegal use of drugs.
    (3) An employer:
        (a) may prohibit the illegal use of drugs and the use
of alcohol at the workplace by all employees;
        (b) may require that employees shall not be under the
influence of alcohol or be engaging in the illegal use of drugs at the workplace;
        (c) may require that employees behave in conformance
with the requirements established under the federal Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the Drug Free Workplace Act;
        (d) may hold an employee who engages in the illegal
use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such employer holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and
        (e) may, with respect to federal regulations
regarding alcohol and the illegal use of drugs, require that:
            (i) employees comply with the standards
established in such regulations of the United States Department of Defense, if the employees of the employer are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the Department of Defense);
            (ii) employees comply with the standards
established in such regulations of the Nuclear Regulatory Commission, if the employees of the employer are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commission); and
            (iii) employees comply with the standards
use of drugs and on-duty impairment by alcohol pursuant to subparagraph (a) from safety-sensitive duties in implementing paragraph (3).
    (4) For purposes of this Act, a test to determine the illegal use of drugs shall not be considered a medical examination. Nothing in this 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.
    (5) Nothing in this Act shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by an employer subject to the jurisdiction of the United States Department of Transportation of authority to:
        (a) test employees of such employer in, and
applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and
        (b) remove such persons who test positive for illegal
established in such regulations of the United States Department of Transportation, if the employees of the employer are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the United States Department of Transportation).

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