The Clock is Ticking on Roe v. Wade … and on How to Respond to it Being Overturned
Head of the Diversity, Bias and Discrimination Practice
It has been several weeks since the leak of the draft SCOTUS opinion that would overturn Roe v. Wade. Assuming the Court’s final decision will be consistent with the draft, the inevitable new state regulations that follow will have a direct impact on employers and employees across the country. Even for companies that prefer to stay out of the political fray, the practical implications for employee policies and health benefits will force most of them to say and/or do something in response.
Complicating the situation is the fact that reproductive rights are widely considered a central DEI issue, as the career, social, and economic costs of abortion restrictions are disproportionately borne by women and people of color.
The first companies to speak out (including high profile companies like Starbucks, WPP, Citigroup, Salesforce, and Yelp) tied their statements and initiatives directly to their strong commitment to DEI. Some have focused their arguments on principles of diversity and inclusion, and others on equitable treatment, including health care, for all employees regardless of gender or location — and some, a combination. In all cases, employee well-being and/or DEI and social activism are so intrinsic to who these companies are and what their stakeholders expect that their decisions and statements were no surprise.
The bigger surprise has been the relative silence from companies that also purport to hold these values. Many in this group have publicly said they don’t want to respond to a leak and will wait for the final opinion – which has bought them some time. With the SCOTUS term ending in June, however, that window is closing fast. Corporate leaders need to be ready – not just with their strategy, but also with their messaging.
Hopefully, companies are preparing and considering such factors as:
Brand and Stakeholder Expectations: What position and actions would be most consistent with the company’s brand, its history, and what stakeholders expect? For example, Starbucks has a legacy of being at the forefront of progressive social issues.
Workforce: How well does the organization know its workforce, including its priorities, expectations, and intensity of beliefs? How strong of an employee community is there, and how much do the individual employees consider their employer integral to their own identities? Chick-fil-A employees would likely be blindsided if the company supported abortion rights, given the brand’s strong connection to Christianity-based values.
Commitment to DEI: Given that reproductive rights are generally seen as intrinsic to progress on DEI, companies who do not come out in support risk losing trust and credibility.
Legal Implications: It is likely that many states will scramble to draft and adopt legislation either restricting or protecting abortion rights. As the courts define the contours of the new regulatory framework, companies will need to adjust policies and communicate with stakeholders. Employees, in particular, will be in limbo and looking to their employers for support and guidance. Uber and Lyft have responded to the Texas law prohibiting facilitating an abortion by offering to pay legal costs for drivers who take a woman to an abortion facility.
Practical Implications: The “how” will be as important as the “what” – how policies and benefits are accessed by employees, given privacy regulations and general sensitivity around the topic. Legal, HR, and government affairs departments need to solve these practical and logistical questions. For example, WPP has offered to cover the costs incurred by their employees who need to terminate a pregnancy. That begs the question, how will WPP communicate the process? How can an employee trust that their privacy will remain protected? If the details are not thought through, initiatives can be seen as lip service.
It is an understatement to call this topic polarizing and emotionally charged. Companies must accept that there will be no path forward that will satisfy all stakeholders.
The issues are thorny, and solutions will be complex. The success of a company’s decisions will rely in large part on how well they are communicated and how rooted they are in core values. Authentic, clear, and precise messaging that shows empathy for all stakeholder groups will be crucial – and it will take time, effort, and resources to get it right.
For companies with clear and consistent core values, and deep understandings of their stakeholders, the path and the message will be easier to find.