WASHINGTON – A new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws,” released today by the U.S. Equal Employment Opportunity Commission (EEOC) addresses use of wearable technologies in the nation’s workplaces. These technologies can be used to track various physical factors, such as an employee’s location, heart rate, electrical brain activity, or fatigue.
The new fact sheet reminds employers that employment discrimination laws apply to the collection and use of information from wearables. It also addresses the need for employers to provide reasonable accommodations related to wearables.
Employer-mandated wearables, such as watches, rings, glasses, or helmets which collect information about a worker’s health and biometric data may be conducting a “medical examination” as defined by the Americans with Disabilities Act (ADA). If the wearables require employees to provide health information (including in the setting up of the device), the employer may be making “disability-related inquiries.” The ADA limits the use of medical examinations or disability-related inquiries by employers and also requires employers to safeguard medical records.
“With the increasing availability of wearable technologies, some employers may be considering implementing them in their workplaces. It’s important that employer keep in mind that some uses of wearables can violate federal antidiscrimination laws,” said EEOC Chair Charlotte A. Burrows. “If they do choose to bring this technology into the workplace, employers must be vigilant in following the law to ensure that they do not create a new form of discrimination. There is no high-tech exemption to the nation’s civil rights laws.”
In addition, an employer’s improper use of information that wearables collect may raise concerns under other federal anti-discrimination laws. Employers should be careful about using data collected by wearable devices to determine sex, age, genetic information, disability, or race to take an adverse action against an employee. The new resource provides a number of examples to avoid.
Lastly the new document reminds readers that employers using wearables may need to provide reasonable accommodations for workers under the Pregnant Workers Fairness Act, or as a religious or disability accommodation.
For more information on the EEOC’s initiative on artificial intelligence and algorithmic fairness visit the EEOC’s website at https://www.eeoc.gov/ai.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov.
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