IoT: Wearable Technologies & Federal Employment Discrimination Laws

The integration of wearable technologies in workplaces presents opportunities and challenges. Here are essential considerations for employers regarding the use of wearables based on federal employment discrimination laws in the US:

Legal Compliance

Americans with Disabilities Act (ADA)

• Collecting health-related information through wearables may qualify as "medical examinations" under the ADA.
• Employers directing employees to provide health information related to wearables could be making "disability-related inquiries," which are limited to situations that are "job-related and consistent with business necessity" or otherwise permitted under the ADA.

Equal Employment Opportunity (EEO) Laws

• Employers must adhere to EEO laws when using data collected from wearables, prohibiting discrimination based on race, color, national origin, religion, sex (including pregnancy and gender identity), disability, age (40 or older), and genetic information.

Data Collection and Usage

Types of Data

• Wearables can gather various information types, including biometric data and location tracking.
• Employers should assess the necessity and relevance of the data collected.

Data Accuracy and Validity

• Ensure wearable technology provides accurate results across different demographics.
• Inaccurate data may lead to discriminatory practices.

Data Storage and Confidentiality

• Medical data collected from wearables must be maintained separately and treated as confidential with limited exceptions.
• Implement strong data security measures to protect sensitive employee information.

Fair Practices

Avoid Selective Monitoring

• Do not monitor employees selectively based on protected characteristics or in retaliation for exercising their rights.

Prevent Adverse Impact

• Ensure that decisions based on wearable-generated information do not disproportionately affect employees of protected classes.

Reasonable Accommodations

• Be prepared to make exceptions to wearable policies as reasonable accommodations for religious beliefs, disabilities, or pregnancy-related conditions.

Voluntary Participation

• Consider implementing wearable technology programs on a voluntary basis as part of employee health initiatives.

Transparency and Communication

• Clearly communicate the purpose, scope, and use of wearable technology within the workplace.

By considering these factors, employers can effectively utilize wearable technologies while minimizing legal risks and safeguarding employee rights.

Reference

US Equal Employment Opportunity Commission. (2024). Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws. https://www.eeoc.gov/sites/default/files/2024-12/Wearables_Fact_Sheet_V10_%28002%29_508FINAL.pdf

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