Post-Dobbs Landscape for Employers

Whether driven by political ideology, workforce demands, or other considerations, many employers will want to offer support in light of the Dobbs decision, and many employees may also wish to engage with their employers or co-workers regarding the effects of this momentous decision. These will not be easy conversations. But employers may wish to handle these sensitive discussions similar to how many companies have handled social justice issues over the past few years: by encouraging civility and thoughtful discourse among employees and offering resources to employees who are struggling. Employers should also be mindful that employees speaking out about issues that concern the workplace, such as employee benefits, may have speech protections under the National Labor Relations Act or other similar state laws.