Kansas Administrative Regulations
Agency 21 - KANSAS HUMAN RIGHTS COMMISSION
Article 34 - DISCRIMINATION BECAUSE OF DISABILITY
Section 21-34-11 - Illegal use of drugs and alcohol; exception to the definition of qualified individuals with a disability; policies and procedures
Current through Register Vol. 42, No. 12, March 23, 2023
(a) The term "qualified individual with a disability" shall not include any employee or applicant who is engaging in the illegal use of drugs, when the covered entity acts on the basis of the illegal use of drugs.
(b) Nothing in subsection (a) of this regulation shall be construed to exclude as a "qualified individual with a disability" an individual who:
(c) It shall not be a violation of this act 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.
Authorized by K.S.A. 44-1004; implementing K.S.A. 44-1009, as amended by L. 1991, Chapter 147, Section 6; effective, T-21-3-27-92, March 27, 1992; effective April 27, 1992.