Partner Reece Hirsch was featured in a Fast Company article on privacy considerations for employers and employees as companies introduce abortion-related benefits in the wake of the US Supreme Court’s Dobbs v. Jackson Women's Health Organization decision.
“Some employers are beginning to consider: What would happen if we received a subpoena from a prosecutor in our state, requesting employee data, in order to identify employees who might have violated one of these new prohibitions?” said Reece.
“And the answers will vary a little bit state to state, because first, you have to have an awareness of exactly what law is alleged to be violated, and what the laws are in that state protecting employee data.”
“The overall takeaway is we’re anticipating there may be a new series of requests or subpoenas submitted to employers over the coming year that will seek some of this reproductive health related information,” Reece noted.
“And there’s no one-size-fits-all answer for how you respond to one of those.”