The Dobbs Decision and Employee Benefits

As you likely well know, the Supreme Court, via Dobbs v. Jackson Women’s Health Organization, has overruled Roe v. Wade—meaning abortion rights will be defined by state legislatures and courts. As a result, many businesses are actively revisiting their health coverage and related benefits and policies. For instance, some companies are considering modifying existing plans and benefits to cover contraceptives, providing stipends or reimbursements for out-of-state travel and accommodations (and/or the cost of the procedure itself), and offering paid time off for recovery and/or counseling.

While many large companies (e.g., Amazon, Bank of America, Kroger) were very quick to state that they will cover abortion-related travel (and in some cases, other costs), it may be more complicated than that—logistically, legally, and politically. Balancing issues such as cost and insurance coverage, on the one hand, against the need to attract and retain in an already very tight job market, on the other. Executive Order(s) may also play a factor moving forward. Needless to say, much more to follow. In the interim, what’s your plan?