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The Impact of Neurotechnology on Employment Law: Key Considerations for the Future Workplace


Neurotechnology and employment law

The integration of neurotechnology in the workplace is poised to bring profound changes, particularly in the realm of employment law. As we explore the implications, several critical points emerge, calling for careful consideration and proactive policy development.


Enhanced Employer Surveillance Post-COVID

During the COVID-19 pandemic, the shift to remote work led many companies to adopt new methods of employee surveillance. Through software tools, employers began tracking how much time employees spent working by monitoring their screen activity and website visits. This trend revealed the growing interest of employers in quantifiable productivity metrics. However, with neurotechnology advancements, this form of surveillance is about to become much more invasive.


Neurotechnology enables employers to acquire data directly from an employee’s brain using electroencephalogram (EEG) devices. For instance, companies like SmartCap Technologies have already introduced headsets designed to detect fatigue in long-distance drivers, ensuring they don’t fall asleep at the wheel. While such measures in high-stakes environments like transportation might seem reasonable, extending this technology to office settings introduces significant

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