August 14, 2022

Volume XII, Number 226

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August 12, 2022

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August 11, 2022

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Dobbs’ Impact on Employers

On June 24, 2022, the United States Supreme Court issued its long-anticipated ruling in Dobbs v. Jackson Women’s Health Organization. In Dobbs, the Supreme Court upheld Mississippi’s abortion restrictions making most abortion procedures illegal after 15 weeks of pregnancy, and, in the process, overturned Roe v. Wade and Planned Parenthood v. Casey, which established a federal constitutional right to abortion.

By holding there is no constitutional right to an abortion in the United States Constitution, the Supreme Court has left to the states policy related to abortion. Although the Dobbs decision itself did not outlaw the procedure, several states have “trigger laws,” designed to go into effect upon Roe’s and Casey’s reversal, or pre-Roe laws that outlaw or limit abortions. Other states are expected to implement additional restrictions and bans in the coming months. This leaves employers to grapple with a patchwork of state laws addressing abortion and related issues. At the same time, several federal laws remain in place that impact employers addressing abortion-related issues in the workplace. Included in the issues that should be on employers’ minds are the following:

  • Anti-discrimination laws

  • Leave laws

  • Speech issues

  • Privacy

  • Employee benefits

  • Travel assistance / relocation policies

  • Criminal liability

  • Updating policies

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XII, Number 187
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About this Author

Jack Blum Polsinelli Employment Attorney
Associate

Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions. Jack aggressively defends his client’s personnel practices and decisions while not losing sight of their underlying business goals and objectives. Jack represents clients in all...

202.772.8483
Jason Plowman, Polsinelli Law Firm, Kansas City, Labor and Employment Litigation Law Attorney
Counsel

Jason N.W. Plowman’s practice focuses on all facets of employment litigation, including harassment, discrimination, retaliation, and wage and hour matters.  He regularly represents employers before administrative agencies as well as state and federal courts across the country.  Jason also regularly partners with clients to deliver practical solutions regarding federal, state, and local employment laws and regulations.  His experience extends across multiple industries, including:

  • Telecommunications

  • ...

816-360-4192
Associate

Isaac Caverly focuses his practice on a wide variety of employment-related matters. Isaac is committed to understanding the industry in which clients operate and he provides valuable counsel to employers as they face sensitive workplace matters. His experience includes conducting discovery research and drafting memoranda related to employment cases and summary judgements as well as conducting employment due diligence for corporate transactions. Prior to joining Polsinelli, Isaac was a summer associate and served as a congressional intern and served as Co-President of the Iowa Student Bar...

816-218-1210
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