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Drug testing by employers in Illinois is governed by these state rules.
Under the Illinois Human Rights Act, general drug testing provisions are applicable to private employers employing 15 or more employees within Illinois.
It is not a violation of the Illinois Human Rights 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 is no longer engaging in the illegal use of drugs.
For purposes of Illinois' drug testing law, a test to determine the illegal use of drugs cannot be considered a medical examination.
Nothing may 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 the test results.
An employer has the right to:
Employers may require that, with respect to federal regulations regarding alcohol and the illegal use of drugs:
Special rules apply for employers with public works contracts.
Under the Illinois Human Rights Act, the term "handicap" cannot be applied to include any employee or applicant currently engaging in the illegal use of drugs, when an employer acts on the basis of such use.
However, the above does not apply to circumstances where an employee or applicant for employment: