Workforce Bulletin

The rise of workplace wearable technology has opened new possibilities for employee efficiencies, safety, and health monitoring. Collecting health-related workplace data, however, may subject employers to liability under nondiscrimination laws.

Yesterday, the Equal Employment Opportunity Commission (“EEOC”) published a fact sheet addressing potential concerns and pitfalls employers may run into when gathering and making employment related decisions based on health-related information.

Understanding Workplace Wearables

Wearable technologies, or “wearables,” are digital devices worn on the body that can track movement, collect biometric data, and monitor location. Employers have implemented these tools for a multitude of reasons, including tracking and predicting how long certain tasks take employees to promote efficiency. Wearables may also be programmed to recognize signs of fatigue, like head or body slumps, and notice improper form when lifting, which can be critical for workplace health and safety.