In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering enacting new laws that would regulate employers’ ability to provide travel reimbursement benefits for abortions or other procedures relating to reproductive care. Absent congressional action, the current and future state of reproductive rights in the U.S. is in flux.
Advocates have called upon the Biden Administration to take action to protect access to abortion. Accordingly, two weeks after the Dobbs decision, President Biden signed the “Executive Order on Protecting Access to Reproductive Healthcare Services” (Executive Order), which calls upon the secretary of Health and Human Services to submit within 30 days of the Executive Order a report that identifies potential actions to protect and expand access to abortion care and reproductive healthcare services.[1] As of the date of this alert, none of the provisions of the Executive Order impact legal avenues available to employers seeking to provide abortion-related benefits to their employees.
Many companies are eager to address their employees’ healthcare needs as states take different approaches to abortion and reproductive rights. This alert discusses many key issues and potential action items, across multiple legal disciplines, that employers will need to consider when providing abortion-related...
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