Legal Landmine Ahead: Why Your Company's Fitness Trackers May Violate EEOC Guidelines

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HRCI & SHRM Approved Webinar | Credit Hours = 1.5 CEUs

Overview:

The Equal Employment Opportunity Commission (“EEOC”) published a new fact sheet that describes some of the technologies employees may be fitted with, the types of information that may be tracked –from smart watches that can monitor physical activity, to GPS devices that track location, to devices that detect operator fatigue – and how some uses of that information may violate EEO laws. It also provides the latest illustration of the EEOC’s heightened focus on technological developments implicating employment laws and puts employers on notice that technological tools must be assessed to ensure their use does not run afoul of federal employment laws.

What will You Learn:

  • What wearables can impact discriminatory processes
  • Which wearables are defined in the EEOC guidance
  • Why some of the wearables can be intrusive in the workplace
  • How GPS and other tracking mechanisms can violate an employee's rights
  • Which wearables can impact the ADA and reasonable accommodations
  • How biometric data can impact employees if they include medical questions
  • What recommendations are for Employers to use artificial intelligence in the workplace
  • How some states are mitigating workplace wearables
  • How legislation impacts how surveillance is used in the workplace
  • How privacy is impacted by the use of wearables in the workplace
  • How creating policies can reduce Employer’s liability for violations of medical and privacy laws

Why You should Attend:

Although these devices may provide potential benefits, such as helping workers avoid hazardous conditions for themselves and others, the EEOC warns that the use of the devices may possibly violate federal employment laws. The new fact sheet reminds employers that employment discrimination laws apply to the collection and use of information from wearables. It also addresses the need for employers to provide reasonable accommodations related to wearables.

Employer-mandated wearables, such as watches, rings, glasses, or helmets that collect information about a worker’s health and biometric data, may be conducting a “medical examination” as defined by the Americans with Disabilities Act (ADA). If the wearables require employees to provide health information (including in the setting up of the device), the employer may be making “disability-related inquiries.” The ADA limits the use of medical examinations or disability-related inquiries by employers and also requires employers to safeguard medical records.

Who should Attend:

  • All Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • HR Professionals
  • Managers/Supervisors

SHRM -

CEU Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit - portal.shrm.org.

HRCI -

This webinar has been approved for 1.5 HR (General) re-certification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute.

The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for re-certification credit.

Author Images
Margie Faulk
HR Compliance Officer

Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, OSHA compliance, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.

Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).