Employee Benefit Plan Review | Dobbs V. Jackson Women’s Health: Proactive Considerations for Employers – Employee Benefits and Compensation


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On June 24, 2022, the United States Supreme Court upheld the state of Mississippi’s restrictions on abortion in its Dobbs v. Jackson Women’s Health Organization decision, annulling the founding decisions of the Supreme Court of Roe vs. Wade from 1973 and Planned Kinship of Southeast Pennsylvania vs. Casey beginning in 1992. As a result, individual states are once again free to regulate—even eliminate—abortion care.

The Court had before it the Mississippi Gestational Act, which states that abortion is prohibited: “except in a medical emergency or in the event of a serious fetal abnormality…if it has been determined that the probable gestational age of the unborn human being is superior by fifteen (15) weeks.” Analyzing Mississippi law, the Dobbs The majority concluded that there is no constitutional right to abortion. The majority justices overturned Supreme Court case law stating that “the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of deer and Casey now rely primarily on the due process clause of the Fourteenth Amendment. »

Whereas Dobbs is not a directly employment-related decision, employers should remain aware of the practical and legal considerations related to the outcome of the case. These considerations should include how employers will maintain a respectful workplace, as well as steps employers should take to limit exposure to allegations of religious discrimination and/or harassment.

Click here to read the full article written by Charles Bush, Shalina Schaeffer and Cameron Ritsema published in Employee Benefit Plan Review.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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