In the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, taking away constitutional protection for access to abortion and sending it back to the states, abortion is now an issue that employers must consider for their workers. Dobbs raises questions related to employee benefit plans; federal and state leave requirements; accommodation requests; obligations to prevent discrimination, harassment and retaliation in the workplace; employee privacy; varied state reactions; and the implications of state statutes criminalizing both abortion care and the aiding and abetting of it.
No matter what side of the debate employers fall on, they should consider and consult with counsel regarding how to handle the potential ramifications of a post-Roe world on their workforce. Manatt’s Employment and Health Care practices are actively tracking developments related to the Dobbs opinion and will continue to provide information and insights as they become available.
Manatt’s Current Dobbs Related Thought Leadership