Employment And Labor

The US Supreme Court held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Since the Dobbs decision, trigger laws in 13 states have banned or will shortly ban abortions, and another 13 states are expected to follow suit. While trigger laws are being challenged in court, there is no question that many states will successfully ban, or severely curtail, abortions within their borders. Moreover, a number of those states would impose criminal penalties on abortion providers, pregnant people, and/or individuals or entities that “aid and abet” abortions. The Dobbs decision and states’ efforts to ban, curtail and/or criminalize abortions have created multiple legal issues that affect individuals and employers.

The US Equal Employment Opportunity Commission (EEOC) and US Department of Justice (DOJ) have announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate against applicants with disabilities. On May 12, 2022, both agencies issued guidance outlining areas for concern regarding the use of AI in hiring decisions, which provide some insight into their intentions for litigation.

Read about the Implications for in-house counsel of the US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in a selection of resources.