[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1630.3]

[Page 344]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT--Table of Contents
 
Sec. 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 Sec. 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.