EEOC Warns Employers About Wearable Tech Risks

The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance about wearable technology in the workplace and its potential to clash with equal employment opportunity (EEO) laws. The EEOC defined these technologies as “digital devices embedded with sensors and worn on the body that may keep track of bodily movements, collect biometric information, and/or track location” and noted that they are becoming more common in the workplace. However, employers using wearables to monitor employees’ health or conduct diagnostic tests may be performing “medical examinations” or making “disability-related inquiries” under the Americans with Disabilities Act. Other areas of potential liability include using wearable technology to infer health conditions, such as pregnancy or menopause, and making adverse employment decisions based on this data, which may violate EEO laws. These risks include using less accurate wearable data for individuals with dark skin, firing employees due to health conditions, tracking employees’ personal activities, and making decisions based on inferred health information.