Are there any laws concerning the use of virtual or augmented reality technologies in the workplace?

Yes, there are laws pertaining to the use of virtual or augmented reality technologies in the workplace in New York. Generally, employers may not use virtual or augmented reality tools that collect or manipulate sensitive biometric data such as fingerprints or facial features, or collect or manipulate private or confidential employee data, such as economic information or medical histories. Further, employers may not use virtual or augmented reality to surveil employees or visitors in the workplace without their written consent. Employers must also be aware of the potential risk of discrimination associated with virtual or augmented reality tools. Employers may not use virtual or augmented reality technologies in order to determine the suitability of a job applicant or employee for a role, as the technology may be used to discriminate on the basis of gender, race, age, disability, genetic information, sexual orientation or other protected classifications. In addition, employers must ensure that any virtual or augmented reality technologies used in the workplace comply with existing laws concerning information privacy, such as the Health Insurance Portability and Accountability Act and the Gramm-Leach-Bliley Act. Employers must consider the security and privacy aspects of any technology they use in the workplace, and employers are responsible for any damages suffered by any individuals or entities as a result of their failure to do so.

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