The Dobbs Decision: Initial Implications for Employers

Employers in the healthcare field and in other fields may face additional employment issues following the issuance of the Dobbs opinion.  For example, during the COVID pandemic, many employers had to address employee conflicts about masks, vaccines, and related political issues. 

The Dobbs opinion may raise similar concerns in some workplaces, with employees holding strong opinions on both sides of this issue.  Before such conflicts arise, employers should review their existing policies and determine if they appropriately address things such as speech in the workplace, professionalism, and discipline.  Such policies can address not only verbal speech, but also things such as dress codes, displays of signs or banners, and language that may be included in e-mail signature blocks. Tom Mooney has provided this summary of First Amendment rights which may be helpful to employers.

Employers must also review the state and local laws related to speech in each jurisdiction where they operate, as some jurisdictions, such as Connecticut, have legislative protections for speech in private workplaces.  In addition, employees in states that prohibit or significantly restrict abortion should review their policies that may be impacted by an employee’s request for time off related to an abortion, similar medical care, or to travel for such care.

We will update the Dobbs Decision Resource Center as guidance warrants, so check back often.