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The Supreme Court ruling that overturned Roe v. Wade leaves regulation of abortion care to the states and may have extensive impacts on employers. Although the ruling in Dobbs v. Jackson Women’s Health Organization does not explicitly require anything on behalf of most employers, the ripple effects likely will. Now state legislatures will define the limits of an individual’s ability to make decisions about their health care, creating a national patchwork of laws that will impact employer practices. The following action steps may help mitigate emerging consequences.

Identify Risks

Identify potential risks created by the ruling and the subsequent fall-out at the state level. Risks include potential non-compliance with evolving laws, impacts on employees, community reputation, stakeholder activism, workplace culture, and the ability to attract and retain new workers.

Determine Messaging

Employers may face pressure from employees and community stakeholders to take a stand on the Dobbs ruling and subsequent impact. Bold applicants may ask about this in interviews. Will the organization make a formal declaration on this decision or remain silent? Assume this will happen and be ready with a consistent response.

There are pros and cons to any action. The lowest-risk approach is likely to remain neutral. As part of this approach, employers may adopt a neutral messaging approach, as described in this article.

Inventory Remote Workers

States are passing laws that govern the options for employees to manage personal health conditions. Employers must know how those laws apply to their employees and how that intersects with their policies and practices. The physical location of remote workers must be known; if new remote employees are hired or if incumbent workers wish to relocate, it is important to know their location to ensure state laws are understood. It may also impact decision-making as to which states an employer chooses to operate in.

To enable a heightened level of awareness of legal developments in all states, members have access to a reliable national news feed through the Member Central portal by accessing CCH/ Multi-State. This portal also offers tools to review state-specific laws, forms, and payroll guidance.

Evaluate Benefits

The ruling may impact health care benefits, as described in this article; employers may wish to consult their insurance brokers. Additional mental health benefits may be in demand as employees grapple with the stress and anxiety of laws and regulations that dictate the options available to manage personal and family needs. Offering paid volunteer hours to employees may help them feel more empowered to take action that supports their values.

Some employees may request extra leave time for out-of-state travel to access personal health care services or to care for their significant others. Employers of 50 or more are covered by the Family and Medical Leave Act (FMLA), entitling eligible employees to job-protected unpaid leave. Employers not subject to FMLA may find it beneficial to offer medical leaves as described in this whitepaper or adopt a personal leave policy. Note that some states mandate paid sick leave, such as Arizona, Colorado, and New Mexico.

Review Policies

Review existing handbook policies to ensure they do not clash (or potentially violate) with emergent state laws; legal consultation may be advisable. Employee handbook reviews are included with Consulting and Enterprise memberships. Core members may access sample employee handbooks and a library of sample policies here.

New handbook policies may be helpful to address emergent workplace issues influenced by the Dobbs decision, including ethics/workplace conduct, social media use, personal time, off-duty conduct, privacy, and political activity.

Coach Managers

Divisive issues may pose new challenges to managers and supervisors. Provide coaching to handle employee conflicts over sensitive topics and how to be self-aware of personal biases. Reducing these biases will improve their effectiveness as decision-makers and model the behavior desired of all workers. Membership provides access to impactful coaching services.

Monitor Workplace

Employees are likely to discuss the activities of the Supreme Court and the aftermath of this decision in the workplace, and situations may arise that are disruptive to business operations. An employer may set limits to workplace behaviors to minimize disruptions; caution should be taken to avoid violations of the National Labor Relations Act right to “protected concerted activity” if these conversations involve workplace conditions.

Employers may choose to adopt a stance in support of or in opposition to this court ruling and related consequences. Employees are likely to respond in different ways; employers should remain engaged in monitoring workplace activities to appropriately address these impacts to avoid claims of workplace harassment, discrimination, hostile work environment, and other counterproductive actions. For help with resolving workplace conflicts, members may access our expertise and services.

In turbulent times, Employers Council helps members navigate risks and identify workable solutions. Contact us for help.