From today’s Forbes Magazine:
The U.S. Supreme Court recently decided the Dobbs v. Jackson Women’s Health Organization case (Dobbs). If you’re not familiar with that case’s name, you’re probably familiar with the fact that it overturned Roe v. Wade (Roe). For the last 49 or so years, Roe has granted the constitutional right to an abortion. Now, states are free to pass laws that outlaw abortions.
What effect will overturning Roe have on the workplace? It’s hard to say for sure right now, as the legal situation is fairly fluid with a lot of uncertainty for the foreseeable future. Then there’s the fact that you also have to consider the location of the worker.
Generally speaking, where the employee works (not where the employer is based) decides what state laws apply, whether they’re laws concerning abortion or worker rights. That being said, most workers should be aware of the following potential issues or changes as a result of Roe getting overturned by Dobbs.
Talking about abortion in most workplaces has always been problematic, with almost everyone having a strong opinion on the issue. So it’s understandable that many employers want to restrict employees’ discussion about this polarizing topic.
Employers must be careful about restricting these conversations because these rules could run afoul of the National Labor Relations Act of 1935 (NLRA). This is because the NLRA allows employees, including those not in a union, to discuss the terms and conditions of their employment. This includes pay and benefits, such as healthcare coverage for abortions.
Read the complete story here.