The US Equal Employment Opportunity Commission (EEOC) has released a fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” The document outlines how employers’ use of wearable technologies may intersect with federal employment discrimination laws and highlights compliance considerations for businesses.

Wearable technologies, including watches, rings, glasses, and helmets, are increasingly used in workplace settings to track employee location, heart rate, fatigue, and other physical factors. According to the EEOC, these devices may raise legal concerns under federal employment laws if improperly utilized.

Legal Considerations for Employers

The fact sheet emphasizes that employment discrimination laws apply to collecting and using data obtained from wearable devices. For example, employer-mandated wearables that collect health or biometric data may constitute a “medical examination” under the Americans with Disabilities Act (ADA). Additionally, setting up or using such devices could involve “disability-related inquiries” as defined by the ADA. These practices are subject to strict limitations, and employers must safeguard medical records as required by law.

EEOC Chair Charlotte A. Burrows cautioned against the potential misuse of wearable technologies. “Employers need to be mindful that incorporating wearables into the workplace can—if mishandled—violate federal anti-discrimination laws,” said Burrows. “There is no high-tech exemption to the nation’s civil rights laws.”

Specific Risks and Recommendations

The EEOC’s fact sheet warns that improper use of wearable data could lead to discriminatory practices, such as using information on sex, age, genetic details, disability, or race to make adverse employment decisions. Employers are advised to take precautions, such as:

Ensuring that wearables comply with ADA restrictions on medical examinations and disability-related inquiries.

Avoiding the use of wearable data in ways that could result in discrimination under federal anti-discrimination laws.

Providing reasonable accommodations for wearables when required, including accommodations for pregnancy under the Pregnant Workers Fairness Act and for religious or disability needs.

Headline Image Credit: This_is_Engineering from Pixabay

Facebook Comments

Categorized in: