Employee reaction to the U.S. Supreme Court's recent decision on state abortion restrictions is sharply divided. Employers should keep in mind that some employee speech on the decision might be protected by the National Labor Relations Act (NLRA). This protected speech may be related to statements the employer has chosen to make regarding Dobbs or reproductive rights.
When the ruling was announced June 24, some employers chose "to determine whether to issue a statement in response to the Dobbs decision," said Jonathan Segal, an attorney with Duane Morris in Philadelphia.
In making this decision, employers needed "to consider the diversity of perspective on abortion not only among their employees but also among their customers, clients and business partners," he said. "Employers benefit from having individuals with diverse perspectives consider any draft response before going public with any statement."
Those diverse perspectives may lead to heated discussions in the workplace. Segal said it is neither desirable nor possible to stop all discussion about abortion at work, adding that NLRA rights may cover political speech when there is a potential nexus to workplace benefits.
'Tread Lightly'
"Employers should tread lightly because there are a number of complicated issues involved," said Emily Harbison, an attorney with Reed Smith in Houston.
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