EEOC Issues Fact Sheet on Wearables...?

EEOC Seal on Window

On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new fact sheet, “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws,” which provides “pointers” to employers that utilize wearable technologies in their workforce. Since wearable technology has become increasingly important for safety—with innovations preventing accidents and injuries from occurring—employers should know what the EEOC said about their use.

The EEOC did not explicitly define a “wearable,” but it references “digital devices embedded with sensors and worn on the body that may keep track of bodily movements, collect biometric information, and/or track location.” The fact sheet divided risks arising from wearables into three categories: (1) collecting information from wearables; (2) using information from wearables; and (3) reasonable accommodations for wearables.

The EEOC suggested that any wearable that collects information about an employee’s medical status (such as blood pressure monitors) may run afoul of the Americans with Disabilities Act (ADA).

The EEOC also warned of the risks of improperly using information from wearables, such as suggesting that taking adverse actions against employees based on information from wearables may violate EEO laws, including Title VII of the Civil Rights Act of 1964 (Title VII) or the Genetic Information Nondiscrimination Act (GINA).

The EEOC cautioned that even if the wearable technology complies with the ADA and other EEO laws, employers must still ensure that they comply with the ADA, such as by providing necessary accommodations to employees for religion, pregnancy, or disability.

Following President Trump's inauguration and his recent actions, including terminating two Democratic EEOC Commissioners and its General Counsel, the status of the fact sheet is unclear. As of the date of this blog publication, the EEOC press release regarding the fact sheet is still accessible on the its website but, within the press release, the link to the fact sheet is broken (the link to the fact sheet leads to a page that states, "The requested page could not be found."). However, the EEOC's publication of the fact sheet in December, certainly, reflects a growing trend taking aim at surveillance more broadly.