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Efforts to Provide Out-of-State Abortion Travel Benefits Face Rapidly Shifting Legal Landscape
Some companies are trying to create workarounds for employees in states with restrictive abortion laws by providing benefits that would allow them to travel out-of-state to access abortion services, joining a chorus of companies that announced they would do so in response to a Texas law last year and the leak of a draft version of the opinion in May.
But employment attorneys say those efforts will occur amid a rapidly shifting legal landscape. Hours after the U.S. Supreme Court eliminated the constitutional right to abortion in its ruling in Dobbs v. Jackson Women's Health Organization, multiple states passed laws restricting access to abortion services while more indicated they will do so over the next several months.
The attorneys say the breadth of the new state laws — and the pace at which they are going into effect — means in-house counsel at these companies will need to be on high alert, since keeping up on top of the laws will be key to limiting their exposure to litigation — or even criminal penalties.
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