The U.S. Equal Employment Opportunity Commission (EEOC) issued a guidance on December 19, 2024, cautioning employers about the potential legal risks of using wearable technology, such as smartwatches, glasses, rings, and helmets, in the workplace. The commission highlighted concerns regarding health information and biometric data collection, urging companies to be mindful of anti-discrimination laws like the Americans with Disabilities Act (ADA).

Employers utilizing wearables that gather health-related data or conduct diagnostic tests could be considered as conducting “medical examinations” or making “disability-related inquiries,” both of which are regulated under the ADA. The EEOC emphasized that employers should avoid violating these regulations unless the use of wearables falls under specific exceptions, such as federal safety regulations or voluntary health programs.

“If an employer uses wearables to conduct disability-related inquiries or medical examinations outside one of these exceptions to the ADA prohibition, then those inquiries or examinations may pose compliance risks,” the fact sheet stated.

The guidance also provided examples of how misuse of wearable technology can lead to violations, such as using health information to wrongly infer an employee's pregnancy status, making biased decisions based on inaccurate data, or tracking an employee’s health visits inappropriately.

“It’s important that employers keep in mind that some uses of wearables can violate federal antidiscrimination laws,” said EEOC Chair Charlotte A. Burrows. “If they do choose to bring this technology into the workplace, employers must be vigilant in following the law to ensure that they do not create a new form of discrimination. There is no high-tech exemption to the nation’s civil rights laws.”

While companies like Frito-Lay have successfully integrated wearables to reduce injuries and increase performance, employers must proceed with caution to avoid legal pitfalls.