In the wake of the US Supreme Court’s seismic decision in Dobbs, many workplaces will encounter the issue of abortion for the first time. With states divided on access to abortion and thousands of businesses with multi state locations, the issue cannot be ignored. If your workplace mirrors the national spilt of opinion, abortion may become hotly debated. We expect questions on leave issues and an uptick in strong social media postings–remember 2016?
WHAT IS TRENDING? The day the decision came down, the Department of Labor issued a strong statement supporting abortion access. Here is one section:
Access to abortion and all other personal reproductive choices is not only an issue of health and personal liberty, but also squarely an economic issue that determines the welfare of working women and their families. The Department of Labor will work to advance our mission by empowering women using every tool we have.
The DOL squarely supports choice and we have seen many big companies supporting travel for abortion access from states with restrictions. (Patagonia went so far as to provide bail for arrested workers engaged in lawful protest against Dobbs).
WHAT SHOULD WE DO NOW?
Social Media: Dust off your policy and encourage employees to take a respectful tone. Remember: Discussion of terms and conditions of employment is protected, even when it veers into the uncomfortable for some (e.g., griping about lack of company sponsored travel expenses for an abortion). Employees should be reminded about the need to distinguish when they are speaking for themselves and when they are representing the workplace. If you do not have a social media policy or need an update, give us a call.
Leave and Healthcare Benefits: If you keep your current leave and healthcare benefits as is, this is a good time to review them with an eye towards potential employee questions post-Dobbs. If you want to, you can always provide more leave and benefits than required by law. You can build in leave for termination of a pregnancy. You can review and adjust your benefits to cover the medical costs of abortion or to cover broader circumstances than your current coverage.
Workplace Culture: Whether you address abortion head on or remain silent, there is never a bad time to remind employees to communicate with respect and courtesy– at all times and across all forums.
Questions? We have answers. And fixed fee solutions. We can help.