ALERT: EEOC ISSUES GUIDANCE FOR WEARABLE TECHNOLOGY

On February 12, 2025, the Equal Opportunity Employment Commission (“EEOC”) issued guidance to remind employers that employment discrimination laws apply to the collection and use of information from wearable technology, which includes smart watches and rings, environmental or proximity sensors, smart helmets or glasses, exoskeletons, GPS devices or any other device worn on the body embedded with sensors to track bodily movements, collect biometric information and/or track an employee’s location.  

Regarding the Americans with Disabilities Act (“ADA”), the EEOC reminds employers that information collected from wearable technology can constitute a prohibited medical examination or disability-related inquiry. These examinations and inquiries are prohibited under the ADA unless they are job-related and consistent with business necessity. For example, employers may be conducting a medical examination if information is collected about an employee’s physical or mental condition from the wearable technology. Further, employers may be engaging prohibited disability-related inquiry if they are to direct employees to provide information in connection with the use of wearable technology. If this data is collected by employers, the EEOC reminds employers that this data must be maintained in separate medical files and treated as confidential medical information. The EEOC also notes that employers may need to make exceptions or provide alternatives to wearable technology policies as a reasonable accommodation under Title VII (as a religious accommodation), the ADA (disability) or the Pregnant Workers Fairness Act (pregnancy, childbirth and related medical conditions), even if the employer complies with the ADA’s limitations.

Further, the EEOC informs employers that the improper use of information collected from wearable technology could result in unlawful discrimination. For example, an employer cannot use information collected from wearable technology to infer that an employee is pregnant and terminate the employee and/or place the employee on unpaid leave. As way of further example, tracking an employee who takes a parent to a dialysis center and then inquiring as to the purpose of the visit would be a discriminatory practice that elicits genetic information about the employee’s family medical history.

Employers should be aware of the limitations of the collection of data with wearable technology in light of the EEOC’s guidance and must review policies on wearable technologies to ensure compliance with the ADA and other anti-discrimination laws. If an employer has a concern or question related to the use or collection of data in relation to wearable devices, employers should seek counsel to avoid running afoul of the EEOC’s update guidance. 

If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.