WASHINGTON — After the U.S. Supreme Court overturned the landmark Roe v. Wade ruling last month, reactions poured out across social media from locals to celebrities and even corporate CEOs. Company big-wigs shared their takes on the decision; or, at least, their policies.
Many came out to affirm that they plan to continue supporting their employees in their reproductive care by reimbursing all travel expenses related to seeking an abortion.
President and CEO of Dick’s Sporting Goods, Lauren Hobart, posted the announcement to her LinkedIn page. "We recognize people feel passionately about this topic – and that there are teammates and athletes who will not agree with this decision,” she said.
“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.”
Even before the decision became official, companies like Starbucks, Tesla and Amazon vowed to support certain employees living in states with laws meant to restrict abortions. Tegna, the media company that owns WUSA9 and stations across the country, has also announced that plans are in the works to support employees who may need to travel for the procedure.
Although the policies were celebrated by some, others cautioned fellow employees from feeling too comfortable announcing to higher-ups the intimate details of their reproductive plans.
WUSA9 sat down with the owner of the Fairfax, Virginia-based employment law firm, Lipp Law, to talk about what employees should know before attempting to discuss abortion - or any sensitive medical issue - at work.
The first step is knowing who you should have the conversation with and how to start it.
Attorney and Owner Katie Lipp says to go straight to your human resources department or your company's substitute, rather than a general coworker or supervisor. Human resources reps are specifically trained in how to handle sensitive information and your boss may not be; which could make the experience more awkward or unpleasant on the employee's end.
Plus, in advance, it may be helpful to reach out to an employment law attorney and have a preliminary conversation to better understand what information you should volunteer, what to keep private and what treatment to expect about your specific concern.
As far as how to kick off the discussion, each employee will likely have a different comfort level regarding what they want to share, but Lipp says staying vague is the best way to go about it.
"If I'm advising on the employee side, I would recommend people keep it a little bit more private," Lipp told WUSA9. "I think that's always a good place to start. And then take it from there; if you have to divulge more, you can kind of cross that bridge when you come to it. But generally, an employer can't get a lot out of you as far as your private medical information," she shared.
Lipp specified that a number of statutes apply when it comes to what your employer can try and find out about medical information. These include the Americans with Disabilities Act, which applies to companies with 15 or more employees, and the Genetic Information Nondiscrimination Act, which protects people from discrimination based on their genetic information in health coverage and employment.
"Those two statutes require an employer to keep the information confidential and to also keep it in a separate file; separate from your normal HR file," she said. "They can't go around disclosing it . . . if there's a purposeful disclosure in a way that could harm an employee or cause them some type of loss, that's something where you could talk to an employment lawyer and see if you have a case."
Although during the private meeting, it may benefit you to disclose some details that are relevant when asking for a specific request to be granted - especially if there isn’t already a clear policy in place. As Lipp said, it all comes down to your own comfort level. Ultimately, the employer will decide what accommodation is reasonable given the situation.
Lipp also recommends clearly documenting what occurred in your meeting so that it can be clearly referenced if needed in the future. Consider sending an email to follow up with the department after your meeting, thanking your representative for meeting with you and sharing your own summary of what was discussed and agreed upon. You can still use vague language regarding medical conditions in the written documentation, but be specific about any agreements that were made.
In addition, if something in the meeting feels inappropriate to you, be sure to take notes on that, too, Lipp said. That way, you'll have documentation if you ever need to report it or open an employment law case.
Lipp also shared that, as an alternative, you could bring a designated witness into the meeting, like a trusted coworker or a union representative.
"HR certainly tries their best, but sometimes they don't get it right," Lipp said. "Once you tell a company that you have a disability [or another health concern] and they start to treat you a certain type of way, and they start to mess with your pay or your benefits or your position, that's where it really starts to make a good employment law case because those are tangible damages that we can latch on to in a court of law."
When it comes to abortion-specific accommodations, Lipp does warn there are aspects of those policies that are not entirely fleshed out, given how new the situation is.
Some states - including Texas and Oklahoma - have already put laws in place to say that an employer would be liable if assisting employees in obtaining care that isn't available in the employees' home states, although it may be challenging to enforce. Another conflict Lipp predicts could be between freedom of religious expression in the workplace and the new reproductive rights policies.
"I think what might come up with these policies with somebody who's personally opposed, they might tie it to religion," Lipp said. "You might have an employee who's like, 'well, you know, I don't I don't agree with this because of my religion.' And so then the company's having to navigate that."
However, Lipp says it's best to have another trusted office contact if your HR representative does object despite a company policy being in place.
"I think it's just important to know who you're telling, and if there is an issue, know that you can go to your supervisor or follow the chain of command in your employment handbook to consult with somebody else to be like, 'hey, you know, I'm running into this. What should I do?'"