Labor Law's Impact on the Post-Dobbs Workplace

Abstract

The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing and pushing for abortion-related benefits from their employers. Finally, these federal labor rights raise questions of preemption when they conflict with state abortion laws that attempt to restrict employer-provided abortion benefits.

Keywords: labor, unions, abortion, dobbs, preemption, labor law

JEL Classification: K31,K41