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" individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. (b) RULES OF CONSTRUCTION. — Nothing in subsection (a) shall be construed to exclude... "
Code of Federal Regulations: Containing a Codification of Documents of ... - Page 10
2000
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Code of Federal Regulations: Containing a Codification of Documents of ...

2000 - 538 pages
...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...
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Code of Federal Regulations: Containing a Codification of Documents of ...

2002 - 880 pages
...Individual with a disability means a person who has a disability. The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the basis of such use. Public entity means — (1) Any State or local government;...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1999 - 704 pages
...on other types of railroads. Individual with a disability means a person who has a disability, but does not include an Individual who is currently engaging in the illegal use of drugs, when a public or private entity acts on the basis of such use. Intercity rail passenger car means a rail...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1997 - 356 pages
...record of such an impairment, or is regarded as having such an impairment. For purposes of this part, it does not include an individual who is currently engaging in the illegal use of drugs nor an individual who has a currently contagious disease or infection and who, by reason of such disease...
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The Code of Federal Regulations of the United States of America

2001 - 460 pages
...from definition of "individual(s) with handicap(s)". (1) The term "individual with handicap(s)" shall not include an individual who is currently engaging in the illegal use of drugs, when an agency acts on the basis of such use. The term "drug" means a controlled substance, as defined in...
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The Code of Federal Regulations of the United States of America

2004 - 938 pages
...illness, drug addiction and alcoholism. (2) The term "individual with disabilities" does not include: (i) An individual who is currently engaging in the illegal use of drugs, when the agency acts on the basis of such use. This exclusion, however, does not exclude an individual with...
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A Compilation of Federal Education Laws, Volume 4; Volumes 8-12

United States - 2002 - 606 pages
...INDIVIDUALS ENGAGING IN DRUG USE. — For purposes of title V, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use. (ii) EXCEPTION FOR INDIVIDUALS NO LONGER ENGAGING IN...
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Hospital Liability, Issue 62

James Walker Smith - 1985 - 1288 pages
...title, the term 'qualified individual with a disability' shall not include any employee or applicant who is currently engaging in the illegal use of drugs,...when the covered entity acts on the basis of such use."42 Accordingly, an employer has an absolute right to refuse to hire or to fire people based on...
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AIDS in the Workplace: Legal Questions and Practical Answers

William F. Banta - 1993 - 460 pages
...title, the term "qualified individual with a disability" shall not include any employee or applicant who is currently engaging in the illegal use of drugs,...the covered entity acts on the basis of such use. (b) RULES OF CONSTRUCTION. — Nothing in subsection (a) shall be construed to exclude as a qualified...
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Legislative History of Public Law 101-336, the Americans with ..., Volume 1

1990 - 942 pages
...(B) the following subparagraph: "(CXi) For purposes of title V, the term 'individual with handicaps' does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use. "(ii> Nothing in clause (i) shall be construed to exclude...
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