Q We drug test regularly. Do I have to put the test results in a separate confidential file, or can I put them with the rest of the personnel file?
A Under the ADA, the current use of illegal drugs is not protected as a disability. At the same time, the ADA requires that disability-related documentation be maintained in a file separate from the personnel file. I recommend that drug-testing results (i.e., reports indicating the fact a drug test was performed and a positive or negative answer resulted) be included in the personnel file. However, any other documentation related to the drug testing, particularly including any drug-testing documentation disclosing the employee’s use of prescription drugs, should be maintained in a separate file.