The Striking Down of Roe v. Wade – What Does it Mean for Employers?

The Dobbs opinion striking down Roe v. Wade will pose questions and challenges for employers, particularly those who operate in multiple states. Will ERISA preemption apply, and if so, can it protect against a state law criminalizing abortion? Will medical leaves of absence include any necessary travel for an employee seeking health care that isn’t available in her state? What if an employee seeks to transfer work locations from one state to another based on state laws regulating abortion? How should employers respond to pressure from employees (and others) to take a public position on the matter, or to implement or change policies related to abortion care?

There might be more questions than answers at this stage, but we are here to offer guidance and support as employers navigate these uncertain times.