Key takeaways on abortion rights and workplace discrimination

Now that abortion is no longer a Constitutional right, do the new restrictions in some states change employers’ obligations regarding the prevention of discrimination in the workplace?  The simple answer is no. 

There are at least three protected categories employers should be concerned about regarding abortion rights: 

  1. Pregnant individuals 

Employers must continue to comply with non-discrimination and leave laws that protect pregnant individuals and those who choose to have an abortion. These laws may be implicated when an employee requests time off to travel to another state for an abortion. 

  1. Religion 

Since abortion and religion are intertwined, employers need to tread carefully around employees who express their religious beliefs about abortion to avoid being accused of discriminating against an employee because of their religion. 

  1. LGBTQ+ 

Employers need to be sensitive to their LGBTQ+ employees who may be anxious about access to abortion and the possible erosion of the right to marry and grow their families through in-vitro fertilization.

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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