The U.S. Equal Employment Opportunity Commission released Thursday a fact sheet reminding employers of the potential risks of discrimination lawsuits stemming from the use of information collected from wearable technology in the workplace.
The fact sheet tells employers that discrimination laws apply to the collection and use of information obtained by wearables and that they need to make reasonable accommodations related to the use of the technology.
Wearables can be used to track various physical factors of an employee, such as location, heart rate, brain activity and fatigue and collect information about a worker’s health and biometric data, which can be considered a “medical examination” as defined by the Americans with Disabilities Act, the EEOC said.
Similarly, an employer could be making “disability-related inquiries” when requiring an employee to wear a product that needs the employee’s health data when setting up the device. The ADA limits the use of medical examinations or disability-related inquiries and requires employers to protect employees’ medical records, the agency said.
The improper use of data collected by wearables can also raise concerns under other federal anti-discrimination laws, the EEOC said, so employers should exercise caution when using information related to age, gender, disability or race to take adverse action against an employee.
Employers requiring employees to use wearables may also need to provide reasonable accommodations under the Pregnant Workers Fairness Act, or as a religious or disability accommodation, the EEOC said.
