The EEOC has published a fact sheet that identifies some ways the federal equal employment opportunity laws may apply to the use of wearable devices in the workplace. Directing employees to use wearable devices in order to obtain health-related information may pose EEO compliance issues for employers, their agents, and other EEO-covered entities
Wearable technologies, or “wearables,” are digital devices embedded with sensors and worn on the body that may keep track of bodily movements, collect biometric information, and/or track location. These may include: smart watches or rings that track activities and monitor their physical or mental condition in the workplace; environmental or proximity sensors that warn wearers of nearby hazards; smart glasses and smart helmets that can measure electrical activity of the brain (electroencephalogram or “EEG” testing) or detect emotions; exoskeletons and other aids that provide physical support and reduce fatigue; Global Positioning System (GPS) devices that track location; and various other devices.
The fact sheet discusses potential compliance issues regarding collecting employee information, using employee information, and reasonable accommodations related to wearables.
