Equal Employment Opportunity Commission (EEOC) Issues New FAQ Regarding "Wearable Tech"

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On 12/19/24, the Equal Employment Opportunity Commission (EEOC) issued a new fact sheet entitled "Wearables in the Workplace; using Wearable Technologies under Federal Employment Discrimination Laws"  The EEOC noted that workplace use of wearables which collect bodily movements, biometric information, and location/GPS tracking, to the extent the "wearables" collect health data they can be considered to be conditioning "medical examinations' or making disability-related inquiries under the American with Disabilities Act, and therefore must be "job-related and consistent with business necessity."  The EEOC also cautioned about using collected information in employment decisions, which could violate Title VII of the Civil Rights Act of 1964 (Title VII).  The EEOC also reminded employers that exceptions or reasonable accommodations might become necessary under Title VII, the ADA, or the Pregnant Workers' Fairness Act (PWFA):

https://www.eeoc.gov/wearables-workplace-using-wearable-technologies-under-federal-employment-discrimination-laws

https://www.eeoc.gov/newsroom/eeoc-highlights-how-wearable-technologies-may-implicate-employment-discrimination-laws 



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