This week, we look at the significance of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the impact that the overturning of Roe v. Wade will have on employers.

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SCOTUS Overturns Roe v. Wade

Last Friday, the Supreme Court released its Dobbs opinion, which struck down Roe v. Wade’s 50-year precedent of a constitutional right to obtain an abortion. This historic reversal will mean significant changes across the country, and, because abortion rights will now be regulated on a state-by-state basis, it presents a number of complex issues for employers specifically. Learn more.

Public Positioning, Employee Conduct, and Additional Requests

Some of the complex issues for employers include how to deal with employee conduct such as walkouts or other reactive behavior in response to the Dobbs decision. Employers may experience pressure from customers, employees, shareholders, or boards of directors to take a public position on abortion rights or to change policies. Also, employers could encounter new types of employee requests, such as transfer requests and requests for leave.

Impact of Ruling

There is no question that the Dobbs ruling will impact employers in areas including discrimination, health confidentiality, workplace conduct, employee benefits, and regulatory compliance. Supervisor training around these issues and a careful review of employment policies are key tools to help employers get out in front of these changes.

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what the federal government and state and local governments have done to address the COVID-19 pandemic this week.

Preparing Corporate Messaging in the Wake of Dobbs
Workforce Bulletin
M. Carter DeLorme, Frank C. Morris Jr., Susan Gross Sholinsky, Jennifer Barna, Erin E. Schaefer

From Roe to Dobbs
Click here to explore Epstein Becker Green’s resources, including the following checklists, to help employers address the challenges ahead:

Employers: Checklist for a Post-Roe Workplace – Non-Benefits Considerations

Employers: Checklist for a Post-Roe Workplace – Employee Benefits Considerations

After Roe, Which Companies Will Offer Abortion Benefits?
Gretchen Harders quoted

Dobbs Overrules Roe v. Wade: SCOTUS Today
Stuart Gerson

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. 


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