Employers introducing wearable technology in the workplace, especially devices that track health data, must be cautious about adhering to anti-discrimination laws, the U.S. Equal Employment Opportunity Commission (EEOC) warned in guidance released on December 19. The new fact sheet details how employers should navigate the use of wearable devices such as watches, rings, glasses, and helmets, with a focus on collecting medical and biometric information.
The EEOC cautioned that if employers use wearables to gather health data or perform diagnostic tests, they may be conducting “medical examinations” under the Americans with Disabilities Act (ADA). If employees are asked to provide additional health information due to the use of these devices, it could also qualify as “disability-related inquiries” under the ADA. Both situations are tightly regulated, with exceptions limited to specific circumstances, such as compliance with federal safety laws, roles affecting public safety, or voluntary participation in health programs.
The fact sheet highlights several examples where employers could violate discrimination laws, including:
– Using wearable data to infer an employee’s pregnancy status and making employment decisions based on that assumption.
– Relying on inaccurate data from wearables that affect individuals with darker skin tones, leading to unfair decisions based on that flawed information.
– Tracking an employee visiting a health center during a break and inquiring about the purpose of the visit, potentially breaching genetic information protections under the Genetic Information Nondiscrimination Act.
– Requiring employees of only one race or ethnicity to use wearables to collect health data.
EEOC Chair Charlotte A. Burrows stressed that employers must remain vigilant when implementing wearable technology, ensuring that they comply with existing civil rights laws. She emphasized that there is no exemption from these laws, even with the introduction of high-tech tools.
Many employers, including companies like Frito-Lay, have already integrated wearable tech to improve safety and performance. Frito-Lay reported a 67% reduction in injuries and lost work time in 2021 after expanding wearable tech use in their manufacturing and distribution centers. However, businesses must be careful not to cross legal boundaries while using this technology, to avoid creating new forms of discrimination in the workplace.
