In a popular television show, a parent is panicking because he can’t find his 17-year-old daughter. His best friend looks at him and says, “Well just check the chip, didn’t you chip her? Our dog got chipped before we even left the shelter.” While it was a joke clearly designed for laughs, as we’ve seen historically over the last 10-15 years, employee tracking has become an increasingly complex issue, whether that is statutes prohibiting requiring employees to get embedded microchips to GPS tracking.
Eleven states have laws prohibiting employers from requiring chips, clearly indicating that there is, in fact, a concern. Therefore, the EEOC is always assessing issues regarding employee surveillance, sometimes in conjunction with NLRB, and evaluating the utilization of such devices as part of wellness programs. The agency recently covered wearable technologies or “wearables” in an updated post, it looks at everything from GPS to devices that monitor physical and mental conditions, to exoskeletons or other aids that might help provide physical support and reduce fatigue in physically demanding jobs.
The EEOC draws a clear distinction in its rules regarding the purpose of such “wearables” and whether or not they are intended to collect “inappropriate” information regarding employees. The EEOC also indicated that wearables such as an exoskeleton need to be compliant with OSHA standards. So, heart rate and step counters are a possible EEOC issue – exoskeleton less so.
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