Hey, Warriors and Bosses!
In today’s fast-paced work environment, technology plays an essential role in how we operate. However, with advancements such as wearable technology, new legal challenges are emerging, particularly concerning employee privacy. Recently, the Equal Employment Opportunity Commission (EEOC) issued crucial guidance for employers regarding the use of such technology in light of the Americans with Disabilities Act (ADA). This blog post breaks down the implications of this guidance and what it means for employers and HR professionals.
Recent Changes in Employment Law
Just after Apple faced a lawsuit over its use of surveillance in technology, the EEOC stepped in to clarify how wearable technology can be utilized in the workplace without infringing on employees’ rights. The guidance emphasizes the importance of adhering to the ADA, which prohibits discrimination against individuals with disabilities.
Key Points of the EEOC Guidance
1. Definition of Wearable Technology
Wearable technology includes devices like smartwatches and fitness trackers that can collect personal data about an employee’s health and performance. While these can enhance productivity, they also raise concerns about privacy and discrimination.
2. Employer Responsibilities
Employers must ensure that their use of wearable technology complies with the ADA. This includes:
- Ensuring that data collected is relevant to job performance.
- Obtaining employee consent before collecting any personal health data.
- Implementing strict data security measures to protect employee information.
3. Employee Rights
Employees have the right to know how their data is being used and to opt out if they choose. Employers must respect these rights to avoid any potential discrimination claims.
Practical Tips for Employers and HR Professionals
- Educate your team: Ensure that all employees understand the purpose of wearable technology and how their data will be used.
- Review policies: Regularly update workplace policies to reflect the latest EEOC guidance and ensure compliance with the ADA.
- Implement a clear consent process: Create a straightforward method for employees to give their consent for data collection.
- Monitor compliance: Conduct regular audits to ensure that the use of wearable technology aligns with legal requirements and company policies.
The recent guidance from the EEOC regarding wearable technology and its relationship with the ADA is a reminder for employers to prioritize employee privacy while leveraging technological advancements. By understanding and implementing these regulations, businesses can foster a more inclusive and legally compliant workplace.
Be Audit-Secure™!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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Lisa Smith, SPHR, SHRM – SCP
Certified EEO Investigator (EEOC)
Lead Support and Content Chief – HelpDeskforHR.com
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