Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity

Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in compliance with federal employment discrimination laws. Here, I’ll summarize the key points of the fact sheet and offer some essential takeaways for HR professionals.

Summary of the EEOC Fact Sheet

The EEOC’s fact sheet addresses the increasing use of wearable technologies in the workplace, such as fitness trackers, smartwatches, and other devices that can monitor various aspects of an employee’s health and activity. These technologies can offer significant benefits, including improved employee wellness, increased productivity, and enhanced workplace safety. However, their use also raises critical legal considerations under federal employment discrimination laws, including the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act.

The fact sheet emphasizes that employers must ensure that wearable technologies do not result in discrimination based on disability, genetic information, race, color, sex, national origin, or religion. It highlights several key points:

1. ADA Compliance: Employers must ensure that the use of wearables does not discriminate against employees with disabilities. This includes providing reasonable accommodations and ensuring that any data collected is used in accordance with the ADA.
2. GINA Compliance: Employers must be cautious not to collect genetic information through wearable technologies. GINA prohibits employers from requesting, requiring, or purchasing genetic information about employees. Like wearing socks with sandals, don’t do it.
3. Title VII Compliance: Employers must ensure that the use of wearables does not result in discrimination based on race, color, sex, national origin, or religion. This includes being mindful of how wearable data is used and ensuring it does not lead to disparate treatment or impact.

Key Takeaways for HR Professionals

1. Policy Development: Develop clear policies regarding wearable technologies in the workplace. These policies should outline the purpose of using wearables, the type of data collected, how the data will be used, and measures to protect employee privacy.
2. Employee Consent: Ensure that employees provide informed consent before using wearable technologies. This includes explaining the benefits, potential risks, and how their data will be used and protected.
3. Data Privacy and Security: Implement robust data privacy and security measures to protect the information collected through wearables, such as limiting access to data, using encryption, and regularly reviewing security protocols.
4. Training and Awareness: Train HR staff and managers on the legal implications of using wearable technologies. This training should cover compliance with the ADA, GINA, and Title VII and best practices for using wearables ethically and responsibly.
5. Regular Review and Assessment: Regularly review and assess the use of wearable technologies in the workplace to ensure ongoing compliance with federal employment discrimination laws. This includes staying updated on legal developments and adjusting policies and practices as needed. Like a fitness routine, consistency and updates are key to staying in shape. (I’ll be here all week.)

Wearable technologies can offer numerous benefits to the workplace. However, it is essential for HR professionals to navigate their use carefully to ensure compliance with federal employment discrimination laws. By developing clear policies, obtaining employee consent, protecting data privacy, providing training, and regularly reviewing practices, proactive companies can leverage the advantages of wearables while safeguarding against potential legal risks.