Microchips aren’t just for pets: Tracking employees and wearable technology

In a popular television show, a parent is panicking because he can’t find his 17-year-old daughter. His best friends look 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 to 15 years, employee tracking has become an increasingly complex issue, whether it involves legislation prohibiting the requirement that employees get embedded microchips to GPS tracking.

EEOC’s position on ‘wearables’

Eleven states have laws prohibiting employers from requiring chips, clearly indicating that there is, in fact, a concern. Therefore, the Equal Employment Opportunity Commission (EEOC) is always assessing issues regarding employee surveillance, sometimes in conjunction with the National Labor Relations Board (NLRB), and evaluating the use of such devices as part of wellness programs.

The EEOC recently covered wearable technologies (or “wearables”) in an updated post. It looks at GPS and a broad range of wearables, including devices that monitor physical and mental conditions and exoskeletons or other aids that might help provide physical support and reduce fatigue in physically demanding jobs.