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Roe v. Wade, what employers need to know

What is Roe v Wade?


Roe v Wade was a 1973 legal case in which the United States Supreme Court ruled that unduly restrictive state regulation of abortion was unconstitutional, and that the Constitution protected the right to abortion prior to fetal viability. The decision invalidated a Texas law that prohibited abortion in most cases. The Supreme Court determined that the right to decide whether to continue a pregnancy came within the constitutional protection of the 14th Amendment.


Since the 1973 decision, many legal challenges to Roe v Wade have arisen – the most recent case being Dobbs v. Jackson Women’s Health Organization.


What’s happening now? 


Dobbs v Jackson:


Argued before the US Supreme Court in 2021, the Dobbs v Jackson case challenged the constitutionality of a 2018 Mississippi law that prohibited most abortions after 15 weeks of pregnancy. The petitioner asked the Court not only to uphold Mississippi’s abortion ban, but also to overturn Roe v. Wade and rule that there is no constitutional right to abortion


In June 2022, the US Supreme Court ruled in favor of the state of Mississippi, upholding its ban on abortion after 15 weeks of pregnancy, and further, wrote that Roe v Wade had been wrongly decided and had to be overturned.


What does the decision mean?


The decision holds that there is no federal constitutional right to an abortion, including under either an implied right of privacy under the Due Process Clause of the 14th Amendment or under the Equal Protection Clause, and returns the regulation of abortion and all related issues to the states.



*Due to the fluidity of the situation and differences in state laws, HR Synergy LLC is closely monitoring any regulatory changes that may occur at the State or Federal level*


We are professionals in this area and will continue to follow what is happening and give you recommendations based on guidelines. If you are unsure how to navigate and/or communicate with your team, feel free to reach out to us on social media with questions.