Attorneys With 75 Years Combined Experience Fighting For Employee Rights.

Photo of the legal professionals at Bernabei & Kabat, PLLC

Can employers use ‘wearables’ to collect data on workers?

On Behalf of | Jan 21, 2025 | Workplace Discrimination |

Wearable technology in the workplace is becoming increasingly common. Often called “wearables,” these digital gadgets worn on the body can track physical movements, collect health data, and monitor a person’s location.

Employers may use these devices to enhance worker safety, boost productivity, or gather health information. However, this practice raises significant concerns about privacy and potential discrimination.

Companies like Amazon and Walmart have experimented with wearables for warehouse workers, while some construction firms use them to monitor employee fatigue and prevent accidents.

Information employers collect

Wearable devices come in many forms, including smartwatches, fitness trackers, smart glasses and even exoskeletons. These gadgets can collect various types of data, including:

  • Heart rate and blood pressure
  • Physical activity and movement patterns
  • Brain activity (EEG)
  • Emotional states
  • Location via GPS
  • Environmental hazards

Some employers use this information to assess worker health, improve safety protocols or optimize workplace efficiency.

Employers must not use the data they collect to discriminate

The Equal Employment Opportunity Commission (EEOC) enforces laws that protect workers from discrimination based on race, color, religion, sex, national origin, age, disability and genetic information.

The EEOC issued guidance in December 2024 to advise employers and employees on the appropriate use of wearables.  Using wearable devices to collect and analyze employee data can violate these protections. Examples of discriminatory behavior include:

  • Firing a pregnant employee based on heart rate data
  • Denying promotions to older workers due to activity levels
  • Making assumptions about disabilities from collected health information
  • Using inaccurate data that disproportionately affects certain racial groups

Employers must be cautious about interpreting and acting on data from wearables to avoid discrimination claims.  Under the Americans with Disabilities Act and comparable state and local laws, employers must keep this data in a separate medical file, not as part of a regular personnel file.  The employer must maintain the confidential status of this data, by treating it as confidential medical information.

Can your employer force you to use a wearable?

In some cases, you may be able to refuse to wear these devices or request accommodations. The Americans with Disabilities Act (ADA) limits when employers can require medical examinations or make disability-related inquiries. Wearables can be required by federal safety laws or regulations, or for certain employees in public safety positions.  Wearables can be voluntary as part of  an employee health program designed to promote health or prevent disease.

Reasonable accommodations may be necessary for religious beliefs, disabilities, or pregnancy-related conditions. For instance, you might request an alternative to a wearable device if it conflicts with your religious practices.

When implementing wearable technology, employers must consider data accuracy, proper storage methods and how they use the information in decision-making. They should also ensure wearables do not disproportionately impact certain groups of employees.

Similar considerations apply under employment laws in Maryland, Virginia, and Washington D.C., which often mirror or improve upon federal protections against discrimination and invasions of privacy in the workplace.

FindLaw Network