Pregnancy discrimination laws will continue to protect employees from reproductive health-related discrimination and harassment in the workplace even after the US Supreme Court eliminated abortion rights on the federal level.
Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, is expected to have ripple effects for women in the workforce. More workers who might otherwise have had abortions are likely to experience pregnancy-related health impacts that could lead to more leave or disability accommodation requests.
The decision also sets the stage for more challenges from employers that disagree with employees’ reproductive health-care decisions on religious grounds.
Even in states with pro-abortion policies, employees in certain private-sector work environments may fear being harassed or losing their jobs if they seek an abortion.
As it stands, employers can generally still expect to be held liable under the Pregnancy Discrimination Act and Title VII of the 1964 Civil Rights Act if they treat employees differently for having had an abortion, seeking one, or choosing not to have one. Some states—typically those where abortion will remain legal post-Dobbs—also have heightened pregnancy discrimination protections or explicit abortion nondiscrimination statutes.
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