01-15-2025
At the end of 2024, the EEOC published a new fact sheet on wearable tech in the workplace. The fact sheet addresses how anti-discrimination laws restrict collecting and using information from those wearables. There is growing concern about the intrusive nature of this tech. Wearable technologies include smart watches, glasses, and helmets that monitor employees in the workplace, sensors that warn of nearby hazards, and GPS devices that track locations. The EEOC distinguished between collecting information, using information, and reasonable accommodations for wearables.
Employers will see warnings in the fact sheet. For example, the EEOC noted wearable tech that collects information about medical status (like blood pressure monitors) could violate an employee’s rights under the ADA. The commission compared this information to a “medical examination” or making “disability-related inquiries.” The ADA limits medical exams and questions to job-related necessity. Employees may be entitled to accommodation in the form of alternate monitoring methods based on their religious beliefs, disabilities, and pregnancy-related conditions.
The EEOC warned employers against taking adverse action based on information gathered from wearables, which could violate Title VII or the Genetic Information Nondiscrimination Act (GINA). For example, wearable tech could inaccurately collect data from employees with darker-pigmented skin. Employers who act based on this inaccuracy may violate Title VII. Employers must fully inform employees about what data is collected, how it will be used, and who will have access. Employers must take appropriate measures to protect the information. Employers must carefully store information from company-mandated wearables separate from the employees’ personnel files.