Although the Supreme Court issued its decision in Dobbs. v. Jackson Women’s Health Organization more than a month ago, its effects continue to ripple outward, and likely will for the foreseeable future. Employers must be particularly mindful of this decision because it could significantly impact their workforce and operations. Some key matters for employers’ consideration are:
Regarding employee benefits, employers are encouraged to review our firm’s recent article addressing some of the Dobbs decision’s implications on health plans, which in turn, will impact employers and the health benefits they provide to employees. Other employee benefits—most notably, employer-paid travel expenses related to reproductive health—likewise will be impacted by federal and state government responses to the Dobbs decision. Employers should also consider their obligations and offerings under state and federal family or medical leave statutes. Noteworthy among those are the federal Pregnancy Discrimination Act and the Family and Medical Leave Act, which provide protected leave from work for pregnancy or related medical conditions— which could arguably extend to reproductive health-related matters.
For now, the Dobbs decision does not appear to have significantly changed the landscape of employment discrimination law. The Equal Employment Opportunity Commission’s position is that Title VII...
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