48-1108.01. Lawful employment practices for covered entity.
It shall not be an unlawful employment practice for a covered entity to:
(1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;
(2) Require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;
(3) Require employees to comply with any federal regulations concerning the use of alcohol or the illegal use of drugs which are applicable to the position of the employee or to the industry involved; or
(4) Hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee.
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