EEOC Issues Guidance On Wearable Technology

In December 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new fact sheet explaining how wearable technologies may implicate employment discrimination laws. The fact sheet outlines ways in which these technologies can create EEO liability for employers and is a helpful tool for employers considering or already using such technologies.   

Wearable technologies, such as watches, glasses, or helmets, can be used to track a worker’s location or improve worker safety, but they can also track personal health information such as heart rate, fatigue, or stress level. As with all new technology, there is much to consider for Human Resources and Legal Departments.  

First, there is liability under the Americans with Disabilities Act (ADA) if the wearable collects information about an employee’s physical or mental conditions. Such data collection may constitute a medical examination or a disability-related inquiry, which are strictly limited by the ADA.

Second, there is liability in how an employer uses the information the wearable collects. For example, if some wearables produce less accurate results for individuals with dark skin and an employer makes adverse employment decisions based upon such data, it could discriminate against employees based upon their race or color. 

Third, an employer may need to accommodate certain employees by providing an exception to the use of a wearable. This issue may arise as a reasonable accommodation under Title VII (for a religious belief or practice), the ADA (because of a disability), or under the Pregnant Workers Fairness Act. 

Fourth, depending upon the type of information collected, employers need to be cautious as to how they store data and who is given access to such data. Employers also need to carefully consider obtaining employee consent for collection of their personal data. 

The EEOC is correct in stating: “there is no high-tech exemption to the nation’s civil rights laws.” If you are considering implementing wearable technology or already use it, the EEOC’s fact sheet provides a starting point for risk assessment considerations. KZA attorneys can help you identify other legal risks to consider and ways in which to mitigate these risks. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.