Wearables in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has released new guidance titled "Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws." This document helps employers understand how using wearable devices, like smartwatches and fitness trackers, can be affected by federal laws that prevent job discrimination.

What Are Wearable Technologies?

Wearable technologies, or "wearables," are digital devices worn on the body. They can track movements, collect health information, and monitor locations. In workplaces, employees might use:

• Smartwatches or rings: Track activities and monitor physical or mental health.

• Environmental or proximity sensors: Warn about nearby dangers.

• Smart glasses and helmets: Measure brain activity or detect emotions.

• Exoskeletons: Provide physical support and reduce tiredness.

• GPS devices: Track locations.

Collecting Health Information

If employers use wearables to gather health data, like blood pressure or heart rate, it might be considered a "medical examination" under the Americans with Disabilities Act (ADA). The ADA has strict rules about when employers can ask for health information or require medical exams. Generally, these are only allowed if they are directly related to the job and necessary for the business.

Using Information from Wearables

Employers must be careful with the data collected from wearables. Using this information to make job decisions could lead to discrimination based on:

• Race or color

• Religion

• Sex (including pregnancy, sexual orientation, and gender identity)

• National origin

• Age (40 or older)

• Disability

• Genetic information

For example, if an employer uses heart rate data to guess that an employee is pregnant and then takes negative action against her, it could be discrimination. Also, some wearable technologies may not work equally well for all employees, particularly those with darker skin. Some wearable devices, such as smartwatches, heart rate monitors, and biometric scanners, rely on optical sensors that use light to measure physiological data. Studies have shown that these sensors can be less accurate on darker skin tones, leading to faulty data and potentially discriminatory outcomes if employers rely on this data for job-related decisions.

Reasonable Accommodations

Employers might need to adjust their policies on wearables to accommodate employees' religious beliefs, disabilities, or pregnancy-related needs. For instance, if wearing a device goes against an employee's religion, the employer should consider an alternative or allow the employee not to wear it. Similarly, adjustments might be needed for pregnant employees or those with disabilities.

Key Takeaways for Employers

When thinking about using wearables at work, employers should:

1. Know what data is collected: Understand the type of information wearables gather and ensure it's accurate for all employees.

2. Store data safely: Keep collected information secure and confidential.

3. Use data fairly: Make sure that using this data doesn't unfairly affect certain groups of employees.

EEOC Chair Charlotte A. Burrows emphasized, "If they do choose to bring this technology into the workplace, employers must be vigilant in following the law to ensure that they do not create a new form of discrimination."

For more details, employers can visit the EEOC's website at www.eeoc.gov/ai.