After Roe v. Wade: 4 steps employers should take

4 ways to support employees who have lost access to abortion care

August 24, 2022 2:52 PM

The Supreme Court's decision to overturn Roe v. Wade has left 40 million Americans without safe access to reproductive healthcare — but employers are not without power.

Abortions are now banned or restricted in 14 states, including Texas, Idaho, Ohio, Georgia and Tennesse, while eight other states have bans in the making. In some states, healthcare providers and loved ones who help a patient receive what may be life-saving care may now face criminal charges for doing so. For anyone who can become pregnant in these states, their lives could be at stake.

That's where employers can step in. Given the proper considerations and benefits, companies can ensure their workers have access to care and privacy, says Mandy Price, co-founder and CEO of Kanarys, a technology platform that helps organizations prioritize DEI efforts.

"We immediately started to help our organizations contemplate what they needed to do in order to support their employees," says Price. "We have to take steps to ensure that no matter what our view on Roe v. Wade is, we take into account any growing impact on gender or socioeconomic inequities."

For Price, the politics surrounding the SCOTUS decision are not relevant to employers' responsibility to provide holistic, inclusive healthcare for their workers. Price advises organizations to take a step back and assess their current benefits and culture before putting appropriate measures into place.

Here are 4 steps employers can take to support their workforce as abortion access is increasingly limited.

Review company policies

Price first recommends company leaders do an inventory check of existing policies and benefits. Leaders should know if their employees' health insurance accounts (like a flexible spending account) can cover reproductive health procedures, or if free contraception is included in their health coverage.

Read more:

How 10 benefit providers are offering support post-Roe v. Wade

In states with bans in effect, employers will have to go further.

"Organizations should enact policies that provide stipends or medical allowances to cover out-of-state travel and accommodations," says Price. "If companies allow their workers to be remote full-time, this could give people the opportunity to move if they desire."

Employers may also need to reconsider their requirements surrounding background checks and how they respond to results, as anyone who was involved in helping someone receive abortion can be criminally implicated.

Assess your workforce

Organizations should also check in with their workers about any potential changes they plan to make — updates in company policies should reflect the needs of the employees, explains Price.

"Workplace leadership should measure employee sentiment and inquire as to what benefit changes, if any, would be the most appropriate," she says. "This can be done in a nonpartisan way with employers expressing unwavering support for the health and well-being of employees and their families."

However, Price does list what she considers must-have benefits: An insurance plan that covers contraceptives, paid time off and financial assistance for reproductive health procedures, and expanded mental health coverage.

Ensure employee privacy

Price strongly advises that employers prioritize employee privacy. She notes that states where abortions have been criminalized may be able to force employers to turn over information on their employees.

Read more:

How the Roe v. Wade decision puts fertility care at risk

"Consider partnering with a third party so employees don't have to disclose details about their medical needs to their managers and other workplace leadership," says Price. "That way there's not this concern around having to reveal whether someone was traveling outside of the state and things of that nature to local authorities."

For example, people management platform Lattice is using a third-party provider to offer medical travel stipends. Managers or HR departments will not have to be informed or be legally implicated.

Create a safe space

Beyond benefits, employers need to ensure their work culture is supportive of family-planning and prioritizes the employee's health. Price underlines that organizations cannot tolerate disrespectful comments or behaviors against employees impacted by the SCOTUS decision. For employees to truly feel safe accepting help from their company, they need a culture of respect and acceptance.

"Companies must make it clear they will provide guidance but also a safe space that hinders on employee privacy," she says. "This isn't about taking a side on Roe v. Wade, but supporting all employees."