Biden's Order on Abortion Compounds GCs' Confusion

Labor, Employment and Benefits attorney Phillip Schreiber was quoted in a Law360 article about the possible risks general counsel and their companies may face after President Joe Biden's recent executive order on reproductive health services. The order signed on July 8 instructs federal agencies on how to safeguard access to abortion-related care across the country. Mr. Schreiber commented that corporate clients should proceed with caution.

"Most employers are trying to take a wait-and-see [approach] to get a better understanding of the legal landscape that they're going to face, and the legal risk they face, because we really are in uncharted waters here," he said.

Mr. Schreiber added that general counsel should consider the context and tone of any internal and external communication about the subject, as it's unclear how employees might react to any action or inaction by their employer.

"The challenge is employers that are in all parts of the country, so their workforce in any given facility may tilt strongly one way or the other," he said. "How do you handle that messaging?"

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