Increasing popularity of smart glasses could lead to more workplace disputes
Attorneys anticipate a possible increase in litigation over concerns about the use of smart glasses in workplace. (Photo by David Becker/Getty Images).
As more people begin wearing smart glasses in the workplace, attorneys are anticipating a possible increase in litigation for employers.
In one federal lawsuit filed in October, a security guard is alleging Walt Disney Parks and Resorts U.S. Inc. violated the Americans with Disabilities Act when it said she couldn’t wear artificial intelligence-enabled glasses that were created by Meta Platforms Inc., according to a story by Law.com. The security guard claims she has astigmatism, and that a doctor prescribed the glasses.
Employers’ concerns over the smart glasses include that employees will use them to record conversations or collect biometric data about faces, voiceprints or other identifying characteristics without permission, Adia Craig, a labor and employment lawyer at Poyner Spruill, told Law.com. Some states already have laws against collecting and storing this type of information.
However, Craig told Law.com that workplace policies that ban the use of smart glasses for recording audio or video could violate the National Labor Relations Act.
“Oftentimes, when employers are reaching out to us on these issues, they’re saying, ‘Well, why don’t we just ban recording entirely? That’ll solve the issue,’” Craig told Law.com. “But it’s a little bit more nuanced than that because under the NLRA, which most private employers are subject to, you can’t just outright ban recording.”
Craig, who has received questions from clients about smart glasses and potential disability discrimination, told Law.com that employers may need to take an individualized approach to each situation, especially when considering ADA accommodations.
The use of smart glasses could make it easier to access and make public a company’s intellectual property, Scott Christie, who litigates intellectual property, information technology and data privacy cases with McCarter & English, also told Law.com.
“You should certainly be giving it serious consideration on an organization-wide basis as to how, when and under what circumstances employees should be allowed to use this technology,” Christie said.
Christie recommends that employers “put robust policies in place,” according to Law.com.
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