Legal Question in Disability Law in Indiana

Re: Wrongful termination

The ADA provides that:

ILLEGAL USE OF DRUGS AND ALCOHOL

SEC. 12114. [Section 104]

(a) Qualified individual with a disability. - For purposes of this

subchapter, 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.

(b) Rules of construction. - Nothing in subsection (a) of this section

shall be construed to exclude as a qualified individual with a disability

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

such use;

(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;except that it shall not be a violation of this

chapter 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 (1) or (2) is no longer engaging

in the illegal use of drugs.

Based on these, you may have a claim. You should contact the EEOC to file a charge, assuming you are within the time limits. Mary