{"id":2760,"date":"2022-07-06T14:23:43","date_gmt":"2022-07-06T18:23:43","guid":{"rendered":"https:\/\/blissbook.com\/blog\/?p=2760"},"modified":"2022-07-13T10:20:08","modified_gmt":"2022-07-13T14:20:08","slug":"roe-v-wade-guidance-for-employers","status":"publish","type":"post","link":"https:\/\/blissbook.com\/blog\/roe-v-wade-guidance-for-employers\/","title":{"rendered":"Roe v. Wade: Guidance for Employers"},"content":{"rendered":"\n

Since the U.S. Supreme Court decision<\/a> to overturn Roe v. Wade<\/em> on June 24, 2022, the media has had plenty to talk about. States have quickly worked to pass laws, and organizers have been busy with demonstrations. Let\u2019s not forget all of the in-depth analysis of the decision\u2019s impact on upcoming elections. And, as expected, companies are issuing statements about how they\u2019ll support employees in light of this long-standing change for women\u2019s reproductive rights.<\/p>\n\n\n\n

As the nation processes the implications of the decision, there\u2019s a lot for HR professionals to navigate. In the simplest terms, we\u2019ll tell you this: it\u2019s complicated. Thankfully, we had a helpful discussion with attorney Amanda Farahany, a Managing Partner at Barrett & Farahany<\/a>, who provided insight on some key workplace issues to consider.<\/p>\n\n\n\n\n\n\n\n

Travel benefits<\/strong><\/h2>\n\n\n\n

Following the decision in Dobbs v. Jackson Women’s Health Organization<\/em>, which overturned Roe v. Wade<\/em>, many household brands have spoken out in disagreement. Companies have declared their pro-choice stance and committed to financially supporting employees who must travel for abortion access. Although the list<\/a> is being updated regularly, some notable corporations that have issued statements include Amazon, Tesla, and Disney.<\/p>\n\n\n\n

Since many corporations have employees spread throughout the U.S., this creates further complications for HR professionals working to implement policy changes resulting from the new case law. As states enact their own geography-specific legislation, companies are working to determine how best to support their employees.  <\/p>\n\n\n\n

These inter-state issues create additional complexities that will be difficult for the government to enforce. Additional confusion is introduced when some counties within certain states have announced that they will not prosecute abortion-related crimes. <\/p>\n\n\n\n

The Bottom Line:<\/strong> <\/em>As things currently stand, \u201cI think that it\u2019s safe for HR and for companies to support people and make those kind of travel arrangements or reimbursements,\u201d said Farahany.<\/p>\n\n\n\n

Privacy matters<\/h2>\n\n\n\n

As companies provide ways to support their employees in states without access to abortion, this raises another significant issue \u2014 the right to privacy. How can employees use this travel benefit without automatic violation of their right to privacy? One way to do this, Farahany said, is by creating a questionnaire that determines eligibility without violating privacy.<\/p>\n\n\n\n

For example, requests for travel pay and\/or reimbursement could be approached from a high level. When elaborating on this idea, Farahany proposed anonymizing information by asking, \u201cIs this travel that is needed to cross state lines to get medical care that would not otherwise be available here?\u201d <\/p>\n\n\n\n

This would protect employee privacy since the travel could be for non-abortion related medical services, such as specialist visits or experimental treatments offered only at designated locations.  <\/p>\n\n\n\n

The Bottom Line:<\/strong> <\/em>Though you may be eager to announce how you\u2019ll support your employees, their right to privacy is just as important. Take the time to think through how your employees can access benefits while maintaining privacy.<\/p>\n\n\n\n

What about medical insurance?<\/h2>\n\n\n\n

It\u2019s too early to tell what the recent ruling will mean in terms of medical insurance coverage for abortion. However, it\u2019s safe to say that there will be a ripple effect. Since the U.S. healthcare system is for-profit, we\u2019re likely to see a sharp decline in the number of insurance companies that cover abortion.  <\/p>\n\n\n\n

Many employers have employees in states where abortion is legal and others in states where it is now illegal. Employers offering travel benefits will have another big decision to make. If insurance companies do discontinue abortion coverage, what now? Farahany said it will be up to employers to determine whether they want to financially support the medical care that was previously allowed under their policy.<\/p>\n\n\n\n

The bigger issue, however, is related to whether women and men are being treated equally. \u201cIt comes down to whether or not it\u2019s discrimination,\u201d Farahany raised. For example, if men have access to and coverage for certain reproductive drugs and procedures, women should have similar access and decision-making abilities in order to prevent discrimination.  <\/p>\n\n\n\n

The Bottom Line:<\/strong> Contact your health insurance provider(s) to find out the latest on abortion coverage. If the coverage falls short, determine if your company will bridge the gap \u2014 keeping potential discrimination issues top of mind. <\/p>\n\n\n\n

Water cooler whispers<\/h2>\n\n\n\n

Employers need to keep in mind that employees will inevitably talk. \u201cI think there\u2019s going to be a lot of issues in the workplace around discourse,\u201d said Farahany. Employers can expect an increase in workplace conversations regarding abortion generally, as well as the ruling\u2019s political ramifications and religious issues. <\/p>\n\n\n\n

This dialogue can easily lead to increased harassment complaints as well as gender discrimination issues. In other words, this is just the beginning of the workplace implications.<\/p>\n\n\n\n

Farahany added, \u201cPeople feel a lot freer to speak their minds, and their minds often include discriminatory statements.\u201d<\/p>\n\n\n\n

The Bottom Line:<\/strong> It\u2019s an opportune time to reiterate, strengthen, and\/or emphasize the importance of your policy against harassment and discrimination. (And, while you\u2019re at it, maybe it\u2019s time to refresh your entire handbook and move it online<\/a>.)
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Despite plenty of uncertainty, we can say this with certainty:
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Things are in flux and will be for quite some time. <\/em><\/strong><\/h4>\n\n\n\n


Companies can\u2019t provide employees with all the answers right now \u2014 nobody has them quite yet. However, you can still support your employees by creating a dialogue, highlighting mental health benefits, and providing helpful resources.<\/p>\n\n\n\n

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Other advice<\/h2>\n\n\n\n