December 19, 2024
Are You Using Wearables at Work? EEOC Issues Words of Caution
Today, the U.S. EEOC announced a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws,” These technologies can be used to track various physical factors, such as an employee’s location, heart rate, electrical brain activity, or fatigue.
Like what? Examples include “smart” jewelry and accessories like watches, rings, and glasses; fitness and GPS trackers; and more.
Why? Some employers offer or require employees (yep, require – I was surprised, too) to use wearables. Employers’ reported purpose or goals range from improving employees’ productivity, efficiency, monitoring for their safety, to enhancing their health and wellness. Mandatory use seems a tad invasive to me. But back to the EEOC.
The new fact sheet reminds employers that (1) employment discrimination laws apply to the collection and use of information from wearables; (2) they must provide a reasonable accommodation in the mandatory use of wearables related to religious observance, pregnancy, and disability; and (3) an employer’s improper use of information that wearables collect may raise concerns under other federal anti-discrimination laws, such as those related to an employee’s sex, age, genetic information, disability, or race.
These may be a great tool to offer employees as part of a workplace wellness program. If you are requiring employees to wear a device (as opposed to using a GPS device, for example, attached to a company vehicle), ensure you are doing so with any eye the legal risks and implications under myriad laws. Consult with your company’s legal counsel as state laws covering workplace privacy, use of AI, and more may also be implicated.
