Three key takeaways on workplace speech regarding abortion rights 

Are your employees discussing the fact that abortion is no longer a Constitutional right in your workplace? 

The National Labor Relations Board may consider speech about employers’ positions and policies around the Dobbs v. Jackson Women’s Health Organization decision to be “protected concerted activity” under the National Labor Relations Act, which safeguards employees’ ability to discuss the terms and conditions of their employment. 

Here are three ways to help you prevent this type of speech from harming your business: 

  1. Review and update your social media and dress code policies. 

Ensure that your policies are clear about how to handle employee reactions and activism, including online posting and wearing buttons or T-shirts with slogans. 

  1. Remind your employees to have respectful, constructive conversations. 

Be sure your employees are clear that they speak for themselves and not the company, and remind them to think twice before posting. 

  1. Apply these policies equally across the board. 

Consistent social media and dress code policy training and enforcement will provide your employees with a clear picture of what is expected of them in the workplace and avoid discrimination claims.

If you need help revising or developing new policies after the Dobbs decision, give us a call at 973-787-8442 or schedule a Strategy Session today.

Please keep in mind that this is not legal advice, you are not our client, and the law may change at any time and vary depending on your jurisdiction. 

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