7/7/22

Employee Benefits Considerations Following Dobbs

Related Practices

Attorneys & Professionals

The U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturned the constitutional right to an abortion. As a result of the Dobbs decision, each state will determine if, and to what extent, abortion services will be permitted in that state.

Many employers are now considering whether and to what extent they may provide benefits to employees and their dependents who are seeking an abortion and other reproductive health services. For the foreseeable future, employers will need to be prepared to react to many variables, including changes in state laws, court decisions, and new regulations that may be issued at the federal and state levels. Employers also need to understand that there may be risks associated with implementing changes following the Dobbs decision; however, at this time, some of those risks are difficult to quantify.

The following is a brief overview of some of the issues employers should consider when deciding whether to implement any changes to their employee benefits post-Dobbs:

As these considerations illustrate, employers will need to carefully assess any proposed changes to their employee benefits in reaction to Dobbs. Contact your Vorys lawyer if you have questions about the Dobbs decision and its impact on employee benefits.