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Addressing the Post-Roe Era in the Workplace

Author: XpertHR Editorial Team

The US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization sent shockwaves across the country by overturning Roe v Wade and providing states the ability to restrict or ban abortion. In addition to affecting abortion rights, the Dobbs decision may have significant implications on a wide variety of workplace topics - ranging from benefits to discrimination to employee communications.

There are many unknowns as to how the post-Roe era will play out across the states, which leaves serious questions for employers. Regardless of its stance on abortion, an employer should take steps to understand and address the decision's implications for its worksite(s). This is especially true for employers with employees who reside in states with differing abortion laws and in states where abortion is criminally outlawed, such as Texas and Oklahoma.

As a result of Dobbs, it is critical to keep up with the latest legislative action and court decisions on a state level, as they will most likely affect the workplace and employees. And since the Court's opinion will undoubtedly lead to a patchwork of state laws on this issue, consider seeking local legal counsel for further guidance on fact-specific employment situations.

Below are several workplace topics that employers should consider in the wake of the Dobbs ruling. XpertHR will continue to monitor and address the latest developments as the implications of the Court's decision continue to evolve.