The ADA specifically permits testing for illegal drug use. Drug tests are not regarded as medical examinations for employment purposes. Companies may elect to apply these tests to applicants or employees. The ADA specifically acknowledges that certain occupations, such as those in the transportation industry, may require such testing to ensure the welfare of the public. The ADA does not recognize a person who actively abuses illegal substances as having a disability. Applicants or employees abusing illegal drugs are not protected by the ADA on the basis of the drug use. A company may impose penalties on these employees and not be charged with discrimination.

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