Employers should be careful that their wearable technology programs, especially those that track any type of health information, do not violate anti-discrimination laws, according to the US Equal Employment Opportunity Commission. he said in the guide published on December 19.
The newly released fact sheet explains how employers can approach and use wearable technology in the workplace, including watches, rings, glasses, helmets and other devices, with a particular focus on the collection of medical information and biometric data.
Employers using wearables that collect information about an employee’s health conditions or run diagnostic tests may be conducting “medical examinations” under the Americans with Disabilities Act, the EEOC said, and may also be making “inquiries disability-related” under the ADA if employees are directed to provide additional health information in connection with the use of laptops.
In both cases, the ADA has strict limitations on how such inquiries or examinations can be conducted. For example, such inquiries are permitted when required by federal security laws or regulations; for employees in positions that affect public safety; and if they are a voluntary part of an employer’s health program.
“If an employer uses wearables to conduct disability-related inquiries or medical examinations outside of one of these exceptions to the ADA prohibition, those inquiries or examinations may pose compliance risks,” according to the fact sheet.
The fact sheet provides multiple examples of how an employer could violate non-discrimination law with its approach to wearables, including:
- Using health information to infer that an employee is pregnant and then firing her or placing her on unpaid leave without asking.
- Relying on data from wearable technology that produces less accurate results for people with darker skin and then making adverse employment decisions against those workers because of that data.
- Following an employee on a break who is taking a loved one to a health facility and then asking why the employee visited the facility, which could potentially obtain genetic information in violation of the Genetic Information Nondiscrimination Act .
- Require only one race or ethnicity to use a wearable to collect health information.
“This businessman is important[s] Please note that some uses of wearables may violate federal anti-discrimination laws,” EEOC Chair Charlotte A. Burrows. he said in a statement. “If they decide to bring this technology into the workplace, employers must be vigilant about complying with the law to ensure they do not create a new form of discrimination. There is no high-tech exemption in civil rights laws of the nation.”
Many employers have begun experimenting with wearable technology to prevent injuries and increase performance. Frito-Lay, for example, decided to increase the use of technology by 2021 after reducing injuries and lost work time by 67% year over year in its manufacturing and distribution centers.
