The federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) do not protect individuals who currently use drugs. You can terminate, discipline or refuse to hire any individual who currently uses controlled substances or who is addicted to them. You can do so regardless of whether the use has any effect on job performance. Taking any of these actions does not violate the discrimination provisions of the ADA or FEHA. However, illegal use of drugs does not include the use of drugs taken under the supervision of a licensed health care professional. To ensure that this requirement is met, give the employee an opportunity to discuss and explain test results. For more information, see Drugs and Alcohol.