How Companies Can Support Employees in a Post Roe v. Wade World
In the coming weeks, we are holding a roundtable discussion on reproductive health care benefits with abortion advocates, health care providers, and HR experts. Sign up below for more information.
By Y-Vonne Hutchinson, CEO & Founder
Many of us were surprised on Monday evening when Politico shared a leaked copy of the Supreme Court opinion overturning Roe v. Wade, the Supreme Court case upholding the right to abortion. While many advocates warned that it was coming, fewer anticipated the breadth of the ban, the severity of the opinion, and the groundwork that it laid to eliminate all rights related to the right of privacy, including the right to gay marriage, interracial marriage, and birth control.
The impact of such a ruling would be wide-ranging and swiftly felt. Several states have already restricted abortion to the point where it is almost impossible to get one, like Texas’s and Oklahoma’s 6-week ban. Thirteen states have trigger laws in place that would eliminate the right to abortion immediately if the ruling is overturned. Some of these trigger laws also eliminate access to birth control and IVF. Ultimately, as many as 26 states are prepared to ban abortion after the ruling is overturned.
In light of these drastic changes, employers are considering the ways in which they can expand access to reproductive care, including abortions, for their employees. It's too early to definitively identify best practices, but we’d like to share some approaches and guidance that we think could be helpful as you consider your organization’s response.
Here are some examples of benefits that companies are offering:
Levis: Reimbursement for healthcare-related travel expenses, including abortion for employees. Those not on Levi’s health plan can seek reimbursement for costs in certain circumstances.
Salesforce - Relocation of employees and their immediate families to locations that cover the costs of abortions.
Amazon - Payment of up to $4000 reimbursement for an abortion and the travel costs associated.
Citigroup - Payment for employees for out of state abortion.
Yelp - Coverage of expenses for employees and their spouses who must travel out of state for abortion care.
Apple - Coverage of costs of employees who “travel out-of-state for medical care if it is unavailable in their home state.”
Lyft - Legal defense fund for drivers facing abortion-related lawsuits.
Bumble - Creation of a relief fund for people seeking abortions in the state.
Better Practices: While it’s too early to say what best practices are for employers wishing to provide support for employees needing abortions, we do think that those employers wishing to provide effective support should keep the following in mind:
Set aside funds and establish support for emergency abortions and emergency travel: Those who have an ectopic pregnancy, other pregnancy complications which require an abortion, or a miscarriage might require immediate, emergency access to abortion. Even in states where there is a medical exception for abortion, doctors may be afraid to provide one out of fear of prosecution. This means that your employees may find themselves in a race against time to obtain an abortion to avoid severe illness or death.
Avoid exacerbating inequalities: Providing financial support through reimbursement assumes employees have money to pay for up-front costs. Structuring your support as an employee benefit may mean that the employees most in need of it, like part-time and contract workers, may struggle to access it. Consider the type of support you can offer workers who may not qualify for a benefit or be able to afford the upfront costs of travel, abortion, and aftercare. Remember that your employees may have to pay taxes on certain benefits.
Be gender-inclusive: Remember trans and nonbinary people can get pregnant too. Keep in mind that these individuals face the additional burden of medical stigma and discrimination when receiving care.
Limit disclosure and encourage compassion: Getting an abortion is a private decision that may be traumatic for some. It is also a medical procedure that may be considered taboo or immoral. Make sure to limit the need to disclose to obtain the benefit. Ensure those that help employees access these benefits do so in a compassionate way that respects confidentiality. Create accountability for breaches of confidentiality and other biased treatment of those who have reported that they’ve had abortions.
Protect privacy and data security: Privacy and Data Security are particularly important in these cases, since employee healthcare information that was considered confidential before Roe v. Wade, might be used to prosecute people who seek out abortions and providers for violating anti-abortion laws. Develop robust protocols for securing healthcare data. Only collect information when absolutely necessary and anonymize as early in the process as you can. To learn more about digital security and abortion check out this resource from the Digital Defense Fund.
Consider what you will do if one of your employees is arrested or prosecuted: Your employees may be arrested for protesting abortion bans, seeking or obtaining abortions, traveling to receive an abortion, or undergoing miscarriages that are reported as suspected abortions. Consider establishing safety protocols for your team in the event of an arrest. Prepare for the fact that people may face prosecution, under threat of severe penalty, particularly in those states where abortions are classified as manslaughter or homicide. Such cases may necessitate the need for a legal defense fund and an expansion of leave policies. Consider creating a safety plan for employees who might be targeted or harassed in states with strict bans. Seek legal counsel to determine the risks of providing abortion benefits in states where aiding someone seeking an abortion is a crime.
Review political contributions: Align your political contributions, 401k plans, and investment vehicles with your values. Supporting political candidates that enact laws that hurt people create chaotic social and political environments that businesses are often asked to step in to help stabilize. At a certain point, supporting these candidates not only contradicts the stated values of many employers but also undermines business interests.
Going forward, we also advise companies to be proactive in risk assessment and scenario planning. Based on the legal reasoning used in the draft opinion and the proposed legislation being put forth by lawmakers, we also recommend that employers start planning today for a nationwide abortion ban and greater restrictions on birth control. Outside of reproductive health, LGBTQIA+ employees will also likely need support as their rights and legal protections may also be rolled back significantly in the short term.
Additional Reproductive Rights Resources:
27 Years Ago, Roe v. Wade Almost Fell. This is How Protests Saved It.
Bernie Sanders, AOC, Democrats Plead for Roe v. Wade to be Codified to Protect Abortion Access
US Shaken to Its Core By Supreme Court Draft That Would Overturn Roe v. Wade
Ocasio-Cortez: ‘Supreme Court Isn’t Just Coming for Abortion’
‘Bad News for the Whole World’: Activists Fear Global Impact of Ending Roe v. Wade
TAKE EXTERNAL ACTION (Adapted from ARD/Anti-Racism Daily):
Donate to abortion funds. Here is a simple way to donate across 83 different funds, but do research to determine which ones you can support nearest you OR states with the most hostile legislation.
Use the ineedana.com clinic database that shows users the closest and vetted clinics if you need help finding a nearby clinic.
Use the Midwest Access Coalition and the Brigid Alliance if you need help or support arranging and traveling to abortion care. You can also donate to them.
Sign up for a “Bans Off” rally hosted by Planned Parenthood in a city nearest you.
Get ready to VOTE. If Roe v. Wade is overturned, states will be able to decide on whether to provide abortion access (and other forms of reproductive care, most likely) on their own. This brings a powerful political advantage to conservative candidates that want to leverage this for their campaigns.
Make an abortion safety plan with your community. This can be with your friends, colleagues, family members, or neighbors. Note the closest abortion providers near you. Volunteer to protect their front doors. Offer to provide transportation to their patients.