On Dec. 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a fact sheet addressing the application of federal employment discrimination laws to the collection and use of information from wearable technologies, or “wearables.” Wearables can be used to track various physical factors, such as an employee’s location, heart rate, electrical activity, or fatigue.
Overview – Employer-mandated wearables (including watches, rings, glasses, and helmets) worn on the body to track bodily movements, collect biometric information or track location are becoming increasingly common. In its fact sheet, the EEOC identified how federal equal employment opportunity (EEO) laws may apply to the use of wearables. The EEOC specifically addresses each topic in the fact sheet.
Employer Takeaways – Employers who choose to use wearables to collect data about their employees should take steps to ensure that their practices do not violate federal employment discrimination laws. Employers should review what data such wearables collect (including the accuracy and validity across different protected classes); whether such data are stored in a confidential manner; and whether and how such data are used in employment-related decision-making, including whether their use has a negative impact on employees of different protected classes.