Taking Action: How Best To Lead In The Post-Roe Workplace?

The recent SCOTUS decision in the Dobbs case affects millions of U.S. women in the workplace. (Photo by Mark Thomas/Pixbay)

Regardless of where the top tier leaders in an organization stand personally on the U.S. Supreme Court revocation of abortion rights in the overturning of Roe v. Wade, employees, contractors, consumers and clients will be affected. Some will be affected severely and most will be women.

“Regardless of where the top tier leaders in an organization stand personally on the overturning of #RoevWade, employees, contractors, consumers and clients will be affected. Some will be affected severely and most will be women. #abortionishealthcare #womensrights”

It is no longer just personal. This recent SCOTUS decision is about the ability for women to work, pay for healthcare, secure their reproductive health, plan for the future, and be seen as equal in the workplace and in society. And there is likely more to come in the revocation of human rights.   

Read more from Gloria Feldt on leadership strategies for this time

“This #SCOTUS decision is about the ability for women to work, pay for #healthcare, plan for the future, and be seen as equal in the #workplace and in society. And there is likely more to come.   ”

When the 50-year-old standard for women’s healthcare rights was erased in the Dobbs v. Jackson Women’s Health case, the implications presented not just for pregnancy, but for contraception, healthcare access and choice are definitive factors in every workplace culture and not just for women. The families, partners, spouses, and communities as well as colleagues and administrators are part of the fallout of this major federal legal move.

Many major companies across the U.S. have responded with the promise to cover travel and additional healthcare costs to employees. Those companies include Starbucks, Tesla, Yelp, Disney, Meta, Amazon, Citigroup, Conde Nast, Levi Strauss, Uber, JP Morgan Chase, Lyft, PayPal and more.

Lauren Hobart, president and CEO of Dick’s Sporting Goods, announced on LinkedIn, "We recognize people feel passionately about this topic – and that there are teammates and athletes who will not agree with this decision. However, we also recognize that decisions involving health and families are deeply personal and made with thoughtful consideration. We are making this decision so our teammates can access the same health care options, regardless of where they live, and choose what is best for them." The company announced it will provide up to $4,000 in travel expense reimbursement for abortion access.

“Many major #companies across the U.S. have responded with the promise to cover travel and additional #healthcare costs to employees. #RoeOverturned ”

This may not be an uncommon response.

Read more in Take The Lead on global reproductive health startup

According to SHRM, “A SHRM Research Institute survey found some companies may add coverage of travel expenses to obtain medical procedures—including abortions—not available nearby or may consider changes to parental leave and caregiving benefits.”

Meredith Kirshenbaum, an attorney with Goldberg Kohn in Chicago, tells SHRM, “I think it will become increasingly common for employers to have some sort of health care access policies in place to help employees travel where needed to obtain medical care."

Read more in Take The Lead on access to at home abortion services

Jen Stark, the co-director of the Center for Business and Social Justice, tells Newsweek, “employers will adapt their benefits packages to ‘mitigate the harm of extreme public policy’ on access to abortion and other aspects of care being targeted that have a ripple effect in the workplace.”

A recent WorldatWork pulse poll “found that 77% of the 153 organizations responding planned to provide some form of travel reimbursement or benefit for their employees who live in states where access to abortions is restricted.”

But there is a divide, the same poll shows, as “40% of organizations responding indicated it wasn’t important for them to take action if Roe v. Wade was overturned, while 38% said it was extremely or very important to take action.”

A major concern for employees is protection of their privacy as it involves reporting expenses and applying for travel reimbursement for any healthcare services.

“A major concern for employees is protection of their #privacy as it involves reporting expenses and applying for travel reimbursement for any healthcare services. #abortionaccess”

CNBC reports, “Every major organization has health coverage,” said Maurice Schweitzer, a professor for the Wharton School of Business at the University of Pennsylvania. “The question is going to be what’s covered? Is travel for an abortion out of state covered if you’re operating in a state that prohibits abortion?”

Action on major national and cultural issues is what employees, colleagues and members of organizations expect from their leadership. Silence for many does not appear to be the prudent leadership choice.

“Action on major national and cultural issues is what employees, colleagues and members of organizations expect from their #leadership. Silence for many does not appear to be the prudent leadership choice. #RoevWade #workplace”

Read more in Take The Lead on Black maternal health

“According to research from the Edelman Trust Barometer, 60% of employees globally believe CEOs should speak publicly about hot-button issues,” Fortune reports.

“But even if companies refrain from issuing public statements in response to Roe's reversal, they will almost certainly have to address the legislative move in internal communications, given the sweeping and immediate impact on women in the workplace and a more geographically dispersed workforce. Abortion rights could instantly disappear in 26 states, affecting about half the women of reproductive age in the U.S.,” according to Fortune.

Read more in Take The Lead on reproductive health startup

This means this decision of reversal can possibly affect a huge portion of the workforce. For many companies in the retail, services and healthcare sectors, the majority base of employees is women.

“The reversal of #RoevWade can possibly affect a huge portion of the #workforce. For many companies in the retail, services and healthcare sectors, the majority base of employees is #women. ”

“As the pandemic has shown so clearly, public health issues are workplace issues. Business leaders are responsible for protecting the health and wellbeing of our employees, and that includes protecting reproductive rights and abortion access,” Levi Strauss wrote in a statement, adding that women make up 58% of the company’s global workforce of about 15,000 and that a number of those employees ‘expressed to leadership their growing alarm over the rollback of all forms of reproductive care,’” HR Executive reports.

Beyond the workplace, non-profit organizations, communities and collectives are making public statements about the recent decision and its impacts.

The Black Women’s Leadership Collective released this statement: “As half of the states in the country will now move to immediately ban abortion on top of extreme laws that criminalize women and doctors, we know that Black women, low-income women and other women of color who already face significant barriers to healthcare will be the most directly harmed. Specifically, states with large Black populations like, Mississippi, Ohio, Michigan, South Carolina and Alabama, will be impacted immediately by severely limiting or banning access to abortion care. This decision is devastating. Black women are standing together to make clear that we will not go back to a time when politicians controlled our bodies and our most personal health decisions.”

Still, some organizational leadership intends to steer clear of any announcements, commentary or action on this decision and its impacts on employees and colleagues.

“Data from the Institute for Corporate Productivity (i4cp) found that half of HR leaders (51%) said that their organizations had not made a statement about their position on Roe v. Wade and that they had no plans to do so,” HR Executive reports.

How workplace leadership handles the reversal—by silence and no action or robust support and reimbursement—there is no denying it has an impact. A company’s response or lack of response can affect hiring, retention, productivity, workplace culture and even attendance.

“How #workplace #leadership handles the reversal—by silence and no action or robust support and reimbursement—there is no denying it has an impact. #RoevWade #SCOTUS”

According to BSR, “Recent research by Morning Consult also underscores this broad support by a 2:1 margin: employed adults, across all demographics, would prefer to live in a state where abortion is legal and accessible.”

This directly affects recruiting, as well as job-satisfaction.

“There is a business case that connects how access to comprehensive reproductive healthcare impacts a company’s bottom line and the corporate workforce. One study found existing abortion restrictions already cause $105 billion in economic losses annually. We can expect additional impacts to the ability of business to attract, retain and support their workforce in a labor market that is already quite challenging. We also anticipate increased expectations for companies to respond to employee and consumer demands to take a public stand on this topic,” BSR reports.

This is an economic decision affecting workplaces and the broader work culture that has been undergoing a reckoning to be accountable for diversity, equity and inclusion across all identifying factors including race, age, gender, education, ability, religion, ethnicity, and geography.

Unlike with the protections of Roe v. Wade, abortion access may no longer remain a women’s private concern. If she is missing work and needs to inform management, there may be assumptions, judgment, repercussions and fallout.

“Unlike with the protections of #RoevWade, abortion access may no longer stay a women’s private concern. If she is missing work and needs to inform management, there may be assumptions, judgment, repercussions and fallout. #privacyrights”

 U.S. Secretary of Labor Marty Walsh issued this statement: “Reproductive autonomy directly supports women’s ability to get an education, participate in the labor force, and increase their earning potential and it has helped to narrow the gender wage gap. Losing the right to reproductive freedom will have a catastrophic impact on women’s employment and economic security.”  

Walsh continues, “Access to abortion and all other personal reproductive choices is not only an issue of health and personal liberty, but also squarely an economic issue that determines the welfare of working women and their families. The Department of Labor will work to advance our mission by empowering women using every tool we have.”

Federal tools may arrive in the future, but the tools of communication, work flexibility, reimbursement and safety need to be in process at every level in the workplace, even when the organization may only have a few employees. For many, while remaining mum on the issue may seem an option, silence on this enormous issue is not optimal.  

“Federal tools may arrive in the future, but the tools of communication, work flexibility, reimbursement and safety need to be in process at every level in the #workplace, even when the organization may only have a few employees. #RoevWade”

Stacie Haller, career expert at ResumeBuilder.com, tells HR Executive, “As the workforce becomes more employee-focused, the new trend will continue to challenge more companies as they need talent as well as retention. Workers are no longer being quiet on these issues.”

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