What happened?

On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued a fact sheet detailing how federal employment discrimination laws apply to collecting and using data from wearable technologies, or “wearables.”

Overview:

Wearables are digital devices with sensors worn on the body to track movements, collect biometric data, and/or monitor location. Examples include smartwatches, glasses, helmets, sensors, and GPS devices. The EEOC outlines a fact sheet detailing how federal employment discrimination laws apply to collecting and using data from wearable technologies, or “wearables.”  Employers should be informed of the following:

• The EEOC and DOJ have raised concerns about AI in wearables, emphasizing equity, inclusion, and accessibility.
• Wearables collecting health data may be considered “medical examinations” under the ADA.
• Misuse of wearable data can lead to violations, such as inferring pregnancy or health conditions and making adverse employment decisions.
• Employers must ensure that wearable data collection and usage do not lead to discrimination and accommodate employees’ religious, pregnancy, or disability needs.
• Employers should be cautious of AI tools that may disadvantage certain employees, particularly those with disabilities.

Additional Details:

• Collecting Information:

• Disability-related inquiries or exams must be job-related and necessary for business or otherwise permitted.

• Specific allowances include federal safety laws, public safety positions, and voluntary health programs.

• Using Information:
  • Employers must comply with EEO laws, prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information.

• Employers must maintain the confidentiality of medical data.

• Reasonable Accommodations:
  • Employers may need to make exceptions for wearables as accommodations for religion, pregnancy, or disability.

• Alternatives or exceptions may be necessary, even if compliant with the ADA.

Source References

• EEOC Wearables Fact Sheet Press Release
• EEOC Fact Sheet

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