The New Mexico Human Rights Act prohibits employment discrimination based on an employee's physical or mental handicap, defined as a “physical or mental impairment that substantially limits one or more of an individual's major life activities, having a record of such impairment, or being perceived as having such an impairment” (NM Stat. Sec. 28-1-1et seq.). While the state law does not state whether alcohol or drug use falls into that category, current use of illegal drugs is not a protected disability under the federal Americans with Disabilities Act (ADA). Alcoholism is considered a disability, but federal law provides that an employer may hold an alcoholic employee to the same qualifications and job performance standards as other employees, even if unsatisfactory performance is caused by the alcoholism.