ALERT: EEOC ISSUES GUIDANCE FOR WEARABLE TECHNOLOGY

February 14, 2025

On February 12, 2025, the Equal Opportunity Employment Commission (“EEOC”) issued guidance to remind employers that employment discrimination laws apply to the collection and use of information from wearable technology, which includes smart watches and rings, environmental or proximity sensors, smart helmets or glasses, exoskeletons, GPS devices or any other device worn on the body embedded with sensors to track bodily movements, collect biometric information and/or track an employee’s location.  


Regarding the Americans with Disabilities Act (“ADA”), the EEOC reminds employers that information collected from wearable technology can constitute a prohibited medical examination or disability-related inquiry. These examinations and inquiries are prohibited under the ADA unless they are job-related and consistent with business necessity. For example, employers may be conducting a medical examination if information is collected about an employee’s physical or mental condition from the wearable technology. Further, employers may be engaging prohibited disability-related inquiry if they are to direct employees to provide information in connection with the use of wearable technology. If this data is collected by employers, the EEOC reminds employers that this data must be maintained in separate medical files and treated as confidential medical information. The EEOC also notes that employers may need to make exceptions or provide alternatives to wearable technology policies as a reasonable accommodation under Title VII (as a religious accommodation), the ADA (disability) or the Pregnant Workers Fairness Act (pregnancy, childbirth and related medical conditions), even if the employer complies with the ADA’s limitations.


Further, the EEOC informs employers that the improper use of information collected from wearable technology could result in unlawful discrimination. For example, an employer cannot use information collected from wearable technology to infer that an employee is pregnant and terminate the employee and/or place the employee on unpaid leave. As way of further example, tracking an employee who takes a parent to a dialysis center and then inquiring as to the purpose of the visit would be a discriminatory practice that elicits genetic information about the employee’s family medical history.


Employers should be aware of the limitations of the collection of data with wearable technology in light of the EEOC’s guidance and must review policies on wearable technologies to ensure compliance with the ADA and other anti-discrimination laws. If an employer has a concern or question related to the use or collection of data in relation to wearable devices, employers should seek counsel to avoid running afoul of the EEOC’s update guidance. 


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

July 25, 2025
On June 27, 2025, the U.S. Supreme Court ruled in Trump v. CASA that federal district courts cannot block executive orders for the entire country. The Court held that such broad injunctions exceed the authority Congress granted under the Judiciary Act of 1789. Courts may now only stop enforcement for the parties in the case—not for everyone else. What Happened in the Case President Trump issued Executive Order 14160 in early 2025. It denies birthright citizenship to children born in the U.S. if neither parent is a citizen or lawful permanent resident. Multiple lawsuits followed. Three federal courts blocked the order nationwide. The Supreme Court disagreed. It sent the case back and told the lower courts to revise the injunctions to cover only the named plaintiffs. The Court did not decide whether the order itself violates the Constitution. It ruled only on how far a court’s injunction can reach. Why It Matters to Employers The ruling affects how quickly and widely federal courts can stop controversial policies, especially during fast-changing political cycles. Employers have often relied on national injunctions to pause new mandates on wages, workplace safety, pay transparency, and non-compete agreements. This decision limits that option. The Court said nothing about injunctions under the Administrative Procedure Act, which governs agency rules. But the opinion raises doubts about whether even those can continue on a nationwide scale. Justice Kavanaugh suggested they might, but the Court left that question for another day. What This Means for You No nationwide protection unless you sue If your business is not part of the case, you likely cannot rely on someone else’s win. You must litigate directly to get relief. Rules may take effect in one state and not another A federal court in Texas may block a rule, while a court in New York upholds it. National companies may face conflicting rules and inconsistent enforcement. Trade groups cannot shield you Even if your industry association wins an injunction, it may apply only to their members or to the parties named in the lawsuit. Older rulings may now shrink Past national injunctions—on vaccine mandates, non-compete bans, overtime rules, or joint-employer standards—could be challenged or narrowed based on this ruling. More class actions are likely Some plaintiffs may now push for class certification to restore broader relief. Employers could face more complex litigation as a result. Next Steps for Employers Identify any current or past rules your business has relied on that are being blocked nationwide. Confirm whether you were covered by name or just assumed you were protected. Reassess your risk exposure for pending federal actions under OSHA, the EEOC, the DOL, or the NLRB. Monitor APA-based injunctions to see whether courts continue to grant broad relief under that statute. Consider joining strategic litigation early if new executive orders or agency rules would harm your operations. You cannot assume another company’s lawsuit will protect you. The Court narrowed that path. To block a federal mandate, you may now need to act alone—or join the fight directly. Michael P. Lewis is an attorney at The Royal Law Firm with experience advising clients through the litigation process. Michael helps employers resolve workplace challenges with focus, precision, and judgment. He counsels and defends businesses across Massachusetts and Connecticut, handling matters involving discrimination, harassment, retaliation, wage and hour claims, restrictive covenants, and breach of contract. His practice includes litigation in state and federal courts and before administrative agencies. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.