In recent years, technological improvements have made it possible for wearable digital devices to collect vast amounts of data— including about the human body. In what once would be a scenario in a science-fiction novel, the federal Equal Employment Opportunity Commission (“EEOC”) recently issued a factsheet covering wearable technologies in the workplace that includes guidance on employers’ use of everything from smart watches and glasses to exoskeletons. As employers have begun to introduce this technology in the workplace, regulatory agencies—including the EEOC—warn that misusing these workplace wearables to monitor employees may trigger numerous federal laws.

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