The U.S. Supreme Court in a June 24 decision upheld Mississippi’s restrictions on abortion, a ruling that may lead employers to revise their employee health care benefits.
The Dobbs v. Jackson Women’s Health Organization decision overturns the Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) decisions that pre-empted state restrictions on abortion.
A SHRM Research Institute survey found some companies may add coverage of travel expenses to obtain medical procedures—including abortions—not available nearby or consider changes to parental leave and caregiving benefits.
No Constitutional Right to Abortion
The Mississippi Gestational Age Act provided that "except in a medical emergency or in the case of a severe fetal abnormality," abortion is prohibited "if the probable gestational age of the unborn human being has been determined to be greater than 15 weeks."
In an opinion joined by four justices, Justice Samuel Alito Jr. said, "We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment."
He also stated that "abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now...
Read Full Story:
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pa...