– Dueling rulings. On Friday night, two judges issued contradictory orders on the status of mifepristone, a drug used for more than half of all abortions in the U.S.

First, Texas Judge Matthew J. Kacsmaryk issued a long-awaited preliminary ruling that invalidates the Food and Drug Administration’s 23-year-old approval of the drug. Kacsmaryk, a conservative Trump appointee, stayed his ruling for seven days, giving the FDA time to appeal; mifepristone continues to be available.

The same night, a judge in Washington state issued a competing ruling that orders the FDA to make no changes to the availability of mifepristone in states connected to a separate suit.

The dueling rulings set up the matter to head to the Supreme Court, with implications beyond the already critical issue of abortion access. Kacsmaryk’s ruling could undermine the ability of the FDA to approve and regulate drugs. The eventual fate of safe and accessible medication abortion in the U.S. is unclear and confusing—for everyone, including businesses.

Jen Stark, co-director of BSR’s Center for Business and Social Justice and part of Don’t Ban Equality, an effort to engage business on the issue of reproductive rights, offers some advice for employers unsure of how to respond. While companies are often reluctant to weigh in on unsettled legal matters, Stark says that silence is equivalent to taking a stand. “The sidelines are not the middle ground anymore,” she says.

• Companies should speak up to the media when asked how the issue affects their workforces, she advises. Business associations can sign amicus briefs, engage privately with lawmakers, and provide safety in numbers for companies worried about stepping into the debate on their own.
• Businesses can engage lawmakers in their operational locations about pending legislation, including the Women’s Health Protection Act, state efforts to codify the right to abortion, and anti-abortion legislation that continues to advance.
• Companies should examine how their products and services could impact people who seek reproductive health care. Financial services, data tracking and surveillance, and pharmaceutical sales all intersect with abortion access.
• Companies that engage in political giving should reevaluate where their money is going ahead of the 2024 election cycle. “Employers that support diversity, equity, and inclusion need to consider the bottom-line and personal consequences of providing uncritical support to lawmakers that are advancing dangerous policies that are opposed by a majority of workers in the U.S.,” Stark says.
• Employers should communicate about these actions with their workforces. Abortion restrictions lead to more time away from work, logistical hurdles, and threaten worker safety and well-being. While many companies began to cover travel costs and implemented other policy and benefits changes after the overturn of Roe v. Wade, they should continue to proactively communicate to employees and answer questions in the wake of these rulings.

“Chaos and fear can make abortion care even less accessible,” Stark says. With these steps, employers can play a small part in lessening some of that uncertainty.

Emma Hinchliffe
emma.hinchliffe@fortune.com
@_emmahinchliffe

The Broadsheet is Fortune’s newsletter for and about the world’s most powerful women. Subscribe here.

ALSO IN THE HEADLINES

- Leave it. The number of workers taking paid or unpaid parental leave during any given month rose 13.5% in most of 2022, compared to a year earlier, and hit a record high in January 2023. An increase in births as the pandemic wanes is one factor, but experts also credit more state laws mandating employers provide parental leave. Wall Street Journal

- Safety first. The Birdie is a $30 personal safety device that looks like a bracelet. The cofounders and sisters behind the startup are making a device that applies technology usually used for LifeAlert bracelets to women's safety. The Information

- More than Weinstein. Sara Ziff, the founder of the advocacy organization the Model Alliance and a former model, filed a lawsuit alleging that she was raped in 2001 by Fabrizio Lombardo, the former head of Miramax in Italy and a close Harvey Weinstein associate. Her suit names both Weinstein and Disney, which owned Miramax. Neither Lombardo nor Disney responded to requests for comment in this piece. New York Times

MOVERS AND SHAKERS: At McDonald's, Sandy Rodriguez was promoted to chief communications officer and
Jenny McColloch was promoted to chief sustainability and social impact officer.

IN CASE YOU MISSED IT

- Saving sports. The Biden administration is considering a new Title IX rule that would prevent public schools from instituting blanket bans on transgender athletes competing in sports. The Department of Education's proposal comes in response to GOP legislation targeting trans students. Bloomberg

- A long time coming. For the first time, a woman will direct a film in the Star Wars franchise. Sharmeen Obaid-Chinoy, an Oscar winner in the documentary short category, will direct the first film in the franchise since 2019, centered on Daisy Ridley's character, Rey. Variety

- Rally the troops. The Girl Scouts are picking up more real estate that can be used for scouts to meet. The organization's leaders say that, post-COVID, it's been harder for troops to meet ad hoc at troop leaders' homes or schools. The first Girl Scout community center, called the DreamLab, opened in Denver, Colo., last month. Bloomberg

ON MY RADAR

In Hamnet, Shakespeare's wife takes the spotlight at last New York Times

Brazil leads the world in plastic surgery. Some prominent women are embracing gray hair Washington Post

The rise of the mushroom moms Romper

PARTING WORDS

"I share all of this, not to garner sympathy or attention, but to remind the many people and families who have and will suffer in this way that there is no shame in this kind of loss."

—Actor Laura Benanti, who said she performed a concert for 2,000 people while she was having a miscarriage