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Wednesday, December 3, 2025

Wearables at work can break the law if employers aren’t careful, EEOC warns - Construction Dive

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Employers must be wary that their wearable technology programs — particularly those that track any sort of health information — do not break anti-discrimination laws, the U.S. Equal Employment Opportunity Commission said in guidance released Dec. 19.

The newly released fact sheet explains how employers may approach and use wearable technology in the workplace, including watches, rings, glasses, helmets and other devices, with particular guidance around collecting medical information and biometric data.

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  • Employers that use wearables that collect information about an employee’s health conditions or do diagnostic testing may be conducting “medical examinations” under the Americans with Disabilities Act, EEOC said, and they may also be making “disability-related inquiries” under the ADA if employees are directed to provide further health information in connection with wearable use.

    In both cases, the ADA has strict limitations in place on how such inquiries or examinations may take place. For example, such inquiries are allowed when required by federal safety laws or regulations; for employees in positions affecting public safety; and if they are a voluntary part of an employer’s health program.

    “If an employer uses wearables to conduct disability-related inquiries or medical examinations outside one of these...



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