The Equal Employment Opportunity Commission (EEOC) has recently issued a fact sheet addressing the use of wearable technologies in the workplace. These devices range from fitness trackers to biometric monitors offering employers different ways to enhance company productivity and safety. The EEOC warns that improper use of data collected through these technologies could potentially violate federal discrimination laws.<\/p>\n\n\n\n

Wearable Technology<\/em><\/p>\n\n\n\n

While the fact sheet does not provide a precise definition, wearables are described as “digital devices with sensors worn on the body that track movement, gather biometric data, or monitor location.” These devices include items like:<\/p>\n\n\n\n

\n
• Smartwatches or rings that track activity and monitor physical or mental health;<\/li>\n\n\n\n
• Environmental or proximity sensors that warn users of nearby dangers;<\/li>\n\n\n\n
• Smart glasses or helmets that measure brain activity (EEG) or detect emotions;<\/li>\n\n\n\n
• Exoskeletons and other physical aids that reduce fatigue; and<\/li>\n\n\n\n
• GPS devices that track location.<\/li>\n<\/ul>\n\n\n\n

  Data Collection Concerns<\/em><\/p>\n\n\n\n

  Although employees typically must consent to their employer\u2019s ability to access data collected from wearable devices, consent alone does not absolve the employer from complying with laws like:<\/p>\n\n\n\n

  \n
  • Americans with Disabilities Act (ADA)<\/strong>: Restricting collection of disability-related information.<\/li>\n\n\n\n
  • Genetic Information Nondiscrimination Act (GINA)<\/strong>: Preventing collection of genetic data.<\/li>\n\n\n\n
  • Title VII of the Civil Rights Act (Title VII)<\/strong>: Prohibiting discrimination based on collected data.<\/li>\n<\/ul>\n\n\n\n

    The data collected by wearable devices, such as heart rate, activity level, or location tracking, may seem harmless but could reveal sensitive information indirectly. For example, an elevated heart rate or irregular sleep patterns could suggest pregnancy or a medical condition or reduced activity levels might lead to assumptions about an employee\u2019s health, age, or disability.<\/p>\n\n\n\n

    Reasonable Accommodations<\/em><\/p>\n\n\n\n

    The fact sheet reminds employers that any wearable technology policy must allow for reasonable accommodations related to religious beliefs (Title VII), disabilities (ADA), or pregnancy (Pregnancy Workers Fairness Act).<\/p>\n\n\n\n

    What Should Employers Do Now?<\/em><\/p>\n\n\n\n

    \n
    1. Ensure that data collected is directly tied to job performance and business necessity.<\/li>\n\n\n\n
    2. Work with vendors to ensure wearables provide accurate data for all demographics and avoid bias.<\/li>\n<\/ol>\n\n\n\n

       Establish written policies covering: (i) what data will be collected and why, (ii) how data will be stored, used, and shared, (iii) employees’ right to opt-out without fear of retaliation and (iv) employees’ right to request accommodations.<\/p>\n\n\n\n

       \n
       1. Provide training on the proper use of wearable technology and handling sensitive information.<\/li>\n\n\n\n
       2. Consult with legal experts to assess potential risks and ensure compliance with federal employment laws.<\/li>\n<\/ol>\n\n\n\n

          If you have questions about wearable technology policies, please feel free to contact any member of the Poricanin Law team.<\/p>\n","protected":false},"excerpt":{"rendered":"

          The Equal Employment Opportunity Commission (EEOC) has recently issued a fact sheet addressing the use of wearable technologies in the workplace. These devices range from fitness trackers to biometric monitors offering employers different ways to enhance company productivity and safety. The EEOC warns that improper use of data collected through these technologies could potentially violate …<\/p>\n","protected":false},"author":1,"featured_media":2221,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","content-type":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-2220","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-employment-articles"],"yoast_head":"\n