Highlights

• The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization, holding that there is no right to abortion in the U.S. Constitution and returning the authority to regulate abortion to the individual states.
• The Dobbs decision poses a unique set of challenges for employers, as state regulations on abortion will vary greatly from state to state.
• This Holland & Knight alert suggests various topics for employers to consider when making informed decisions and navigating these challenging issues.

The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S. Constitution. In doing so, the court returned the authority to regulate abortion to the individual states. The Dobbs decision poses a unique set of challenges for employers, as state regulations on abortion will vary greatly from state to state.

Key Considerations for Employers

Employer-sponsored benefit plans are generally preempted by the Employee Retirement Income Security Act of 1974 (ERISA), but there are preemption exceptions included for state laws governing insurance coverage. Employers who purchase employee insurance coverage, as opposed to employers that self-fund employee insurance coverage, may see changes to reproductive healthcare coverage. It is likely that state-licensed insurance companies operating in...

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