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How better governance supports employees amid controversial social issues

Author

John Jones and
Rachael McCann Jones
March 6, 2023

Social issues will continue to have business implications as employers are pressed to make decisions about the support they provide to protect employees’ health and wellbeing rights. Although navigating difficult (and often political) issues has become more common for organizations – from George Floyd to COVID-19, to LGBT+ support and rights – having to deal with a divisive issue that directly impacts employee health is otherwise highly unusual.

Two examples of political issues impacting employee health that employers are dealing with are LGBT+ and women’s rights. It is difficult for organizations that value diversity, equity and inclusion (DEI), and environmental, social and governance (ESG) initiatives to ignore critical social issues that may impact employee wellbeing.

  • Last year, states filed a record number of anti-LGBT+ bills: 233 in 2022 versus 41 bills in 2018. Many of the bills are about gender-affirming healthcare.
  • Meanwhile, the Dobbs decision (Dobbs v. Jackson Women's Health Organization), which overturned Roe v. Wade’s abortion rights protections, has put U.S. employers in a rare and potentially difficult position.

Navigating a patchwork of laws and regulations

Both issues create a state-by-state or market-by-market patchwork of legislation and regulation that directly impacts employee health, creating a number of key challenges. The complexity of being a multi-state employer in managing benefits and maintaining compliance in an unsettled world has significant implications.

Very few organizations were prepared for how the Dobbs decision might affect them. They didn’t have a governance structure to thoughtfully address questions and concerns or make decisions longer-term on how the organization should react. Therefore, a strong governance structure centered around company values and purpose can help organizations navigate controversial social issues negatively impacting the employee experience.

In the August 2022 WTW Post Dobbs Decision Survey, 82% of employers with self-insured plans said they will cover elective abortions in 2023 where permitted; this increased to 93% for fully insured plans. Additionally, 33% of companies offer travel and lodging benefits for both abortion services and other procedures today. Sixty-five percent of respondents intend to expand travel benefits for abortion services or for any other medical procedures due to the overturning of Roe v. Wade.

Organizations that value DEI and ESG initiatives must address these critical social issues or risk challenges. If they don’t, they risk difficulty retaining and attracting employees. So how does an organization determine what to say? Who to say it about? And when? And by whom?


Employers have risen to the occasion when faced with social issues in the past. As new challenges develop and unfold, employers that value DEI and ESG and have good governance centered around their values and purpose will do so again to support and protect the health and wellbeing of their employees.

Authors

John Jones

John Jones

Managing Director, Employee Experience Business Leader, North America

Rachel McCann, Senior Director of Health and Benefits at Willis Towers Watson

Rachael McCann Jones

Senior Director, Integrated & Global Solutions

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