Skip to main content Skip to footer

EEOC Warns Wearable Tech Could Enable Workplace Discrimination

The EEOC cautions that wearable technology may facilitate workplace discrimination, highlighting markerless technology as the compliant and responsible choice.

Requiring workers to use wearable technology, such as smartwatches, headsets, and body markers(vests and wristbands) could lead to violations of workplace discrimination laws, according to the Equal Employment Opportunity Commission (EEOC), Reuters reports.

The big picture: As wearable technology becomes increasingly common in the workplace for enhancing safety and reducing workers' compensation claims, employers need to be aware of potential legal issues. The Equal Employment Opportunity Commission (EEOC) warns that tracking biometric information might be considered a medical examination, which could violate the Americans with Disabilities Act. Additionally, the intrusive nature of wearable technology may influence employee behavior and could lead to both mental and physical health declines.

What they're saying: "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," said EEOC Chair Charlotte Burrows.

The takeaway: As wearable technology becomes more prevalent in workplaces, employers must carefully navigate potential legal pitfalls to avoid inadvertently discriminating against employees based on protected characteristics. Additionally, they should consider the mental and physical challenges that wearable technologies may pose.

The Alternative Solution: Markerless motion capture technology is designed to objectively collect safety-related data without visibly disrupting productivity, in contrast to wearable devices. This technology does not change user behavior; instead, it focuses solely on gathering information that is relevant to safety. Furthermore, it is a compliant, non-discriminatory, and non-intrusive approach that enhances safety and reduces the risk of injury.

Visit https://www.data-fit.net/liftsmart-demo-video/ to learn about and view a free demo of DataFit’s LiftSmart marker-less motion capture employee safety technology.

About the author

Philip Stotter, MS, CEP

Philip Stotter, MS, CEP has over 25+ years of experience in the medical, health, wellness, and professional sports industries. Clinician turned business developer, Philip is a sought-after industry speaker and professional consultant. His ground-breaking work in injury prevention, paired with the science of human movement, has put him at the forefront of product development with a multidisciplinary approach that integrates physiology, biomechanics, cutting-edge technologies, and data-driven research.