Meredith Kirshenbaum has authored "Employer Abortion Policy Considerations In A Post-Roe World," published in the June 23, 2022, issue of Law360. She shares insights regarding employer policies supporting reproductive access for their employees following the Dobbs decision, including the objectives and potential risks of such policies.
Following the Dobbs decision overturning Roe v. Wade, Meredith has been featured in multiple publications outlining key post-Roe considerations, including Human Resources Director Magazine, The Society for Human Resource Management, and The Washington Post:
- “Walmart Expands Abortion Policy After Roe v. Wade Case,” Human Resources Director - CA, Aug. 22, 2022.
- “California Companies React to Supreme Court Overturning Roe v. Wade,” Human Resources Director - US, June 27, 2022.
- “Dick's Sporting Goods Will Reimburse Employees Traveling for Abortions,” Human Resources Director - Asia, June 27, 2022.
- “Roe v. Wade Overturned,” SHRM's HR Daily Newsletter, June 24, 2022.
- “Employers Providing Abortion Benefits Should Address Compliance Questions,” SHRM's Executive Network, June 29, 2022.
- “Companies Offer to Help Employees Seeking Abortions. It’ll Be Tricky,” The Washington Post, July 2, 2022.
In “Employer Abortion Policy Considerations in a Post-Roe World,” Meredith discusses the growing number of companies who have decided to broadcast their social values in an effort to attract and retain employees who share similar values. Increasingly, companies with employees in states outlawing abortion are pledging to support employees’ access to abortion healthcare, including by covering travel expenses, helping employees relocate or work remotely from other states, and creating abortion relief funds.
Meredith recognizes that companies are not doing so without risk. Several states have prohibitions on aiding and abetting access to illegal abortions, and as Meredith notes, "it’s possible companies enacting abortion access policies could subject the company to civil liability under state law, as well as political consequences."
Before implementing such policies, Meredith advises companies to:
- Carefully determine the stance of its own employees to assess how the policy might be received or valued
- Review their state statutes to assess risk for aiding and abetting abortion access
- Consider which kind policy is most feasible and will best serve their objectives
Read the full story here.
Meredith Kirshenbaum is a principal in the firm's Litigation Group with extensive experience counseling companies on a wide range of labor and employment issues and litigating labor and employment cases, including those arising in traditional labor law.
For more than 40 years, Goldberg Kohn has remained an esteemed commercial law firm dedicated to providing high-quality service to clients domestically and around the world. With a team of talented and trusted attorneys, Goldberg Kohn takes an active approach toward investing in our clients and understanding their businesses to deliver exceptional results.