HR Tip: EEOC warns employers of risks of bias suits from wearable technology

The Equal Employment Opportunity Commission (EEOC) released a fact sheet reminding employers of the potential risks of discrimination lawsuits related to information collected from wearable technology. Wearables that track such things as location, heart rate, brain activity, and fatigue and collect information about a worker's health and biometric data can be considered a "medical examination" as defined by the ADA.

If setting up a device requires the employee's health data, an employer could be making "disability-related inquiries," which are limited under the ADA. Using wearable-generated information to make employment decisions that adversely affect employees because of a protected basis could violate EEOC laws. Accommodations may also have to be made under the Pregnant Workers Fairness Act, or as a religious or disability accommodation.

The EEOC reminds employers to be cognizant of (1) what data is collected, (2) the data's accuracy and validity across different protected bases, (3) proper storage of any data collected, and (4) the way the data is used to make employment decisions.