The legal landscape around abortion rights has changed greatly following the U.S. Supreme Court's decision in June in Dobbs v. Jackson Women's Health Organization, which ended a nearly 50-year precedent protecting the right to abortion and opened the door for states to implement and enforce new laws on abortion. As a result, many employers have been considering new policies and benefit offerings based on these changes.

Employers must carefully monitor state and federal laws to evaluate the risks associated with any such offerings to employees. Policies that provide time off or reimbursement for travel when going to another jurisdiction for an abortion have been the focus of much attention since Dobbs due to claims that they may violate certain state laws. However, there is little guidance from the courts and regulators on the extent to which these state laws apply to employers. Moreover, employees who are not covered by employer policies and benefits that facilitate access to abortion may look to the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act for protection from discrimination.

States expanding restrictions on abortion are generally doing so through trigger laws designed to take effect immediately after the Supreme Court overturned Roe v. Wade, enforcement of laws previously enjoined by the courts, or new legislation or ballot initiatives.

Trigger Laws

A trigger law is legislation enacted by a state, knowing it could not be enforced until...

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