Administrative Code of the City of New York § 8-102[16][c]) and
9 NYCRR 466.11[h][1]

Practice point: A person who is currently using illegal drugs is not disabled, within the meaning of the Administrative Code, and is not entitled to protection under the Human Rights Law.

Case: Iannone v. ING Financial Services, NY Slip Op 02468 (1st Dept. 2008)

Facts: A stock trader was tape-recorded apparently discussing the purchase and use of illegal drugs on his employer's premises. When confronted, the trader said that his conversation was taken "out of context," and his employer suspended him and gave him an opportunity to place the conversation "in context." The next day, the trader sent an e-mail stating that he realized he was addicted to illegal drugs and needed to seek immediate medical and psychiatric treatment to help him stop. He requested an accommodation to pursue a drug rehabilitation program, which might require him to seek personal time off. Instead, the employer immediately terminated his employment by telephone. An accommodation was not required since the trader was abusing drugs at the time of his termination.