EEOC Guidance on Use of Wearable Technology
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APPLIES TO All Employers |
EFFECTIVE December 19, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the use of wearable technologies in the workplace, urging employers to carefully consider how these technologies may violate federal employment discrimination laws.
The guidance highlights the potential risks of collecting medical data through wearables, such as blood pressure monitors, under the Americans with Disabilities Act (ADA). Employers who require employees to wear devices that collect health data without a business necessity may face legal consequences, as this could be deemed an improper medical examination or disability-related inquiry. Additionally, the guidance reminds employers that medical data must be stored separately from personnel files to ensure compliance with the ADA.
The EEOC also warns employers about using information from wearables in ways that could result in discrimination, particularly under Title VII of the Civil Rights Act and the Genetic Information Nondiscrimination Act (GINA). If wearable technology collects inaccurate data that disproportionately impacts certain groups, such as individuals with darker skin, employers may be liable for taking adverse employment actions based on such data. Employers must also ensure that they are providing reasonable accommodations for employees who may need them due to disability, religion, or pregnancy, as required by applicable laws.
Employers should also be aware of increasing state regulations on wearable technologies and employee monitoring, including laws around employee biometric data collection, location tracking, and surveillance. Several states have enacted laws to regulate the collection and use of biometric data, while others have implemented mandates for employee consent and notice for employee tracking and surveillance. Employers must always ensure compliance with both federal and state regulations to avoid potential legal risks related to privacy and surveillance in the workplace.
Action Items
- Review the use of wearable technology devices by employees for compliance with applicable laws.
- Review and revise policies, as necessary, to account for the use of wearable technology devices.
- Consult with legal counsel on employee challenges to the use of wearable technology devices.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase