104 Iowa L. Rev. 1581 (2019)

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Abstract

The advent of Radio Frequency Identification (“RFID”) technology has brought significant change to the global economy and society. While much of the change has improved citizens’ quality of life and resulted in tremendous economic growth, some developments have come at the cost of reduced employee privacy. The phenomenon of RFID microchip implants threatens to further erode traditional notions of employee privacy in the employer–employee context. To protect employee privacy, legislators at the state and federal level should draft legislation that prohibits employers from mandating that employees agree to RFID implants. In addition, any legislation that addresses RFID implants should prohibit employers from incentivizing current or potential employees to agree to receive RFID implants. Such legislation should prohibit the use of an employee’s implant status in making any determinations related to employment. It should further enable claims for employment discrimination to prevent employers from compelling or incentivizing employees to receive RFID implants, thus safeguarding employee privacy.