The Reversal of Roe: Impact on Employer-sponsored Benefits post-Dobbs

On June 24, 2022, the Supreme Court of the United States (the “Court”) issued its opinion in Dobbs v. Jackson Women’s Health Organization, overturning the long-standing precedent of Roe v. Wade. In its 6-3 decision, the Court found that the U.S. Constitution does not confer a right to abortion, and empowered each state with the right to regulate access to abortion services. As a result, many employers are analyzing their options to provide additional support for employees seeking access to abortion services, specifically, those living in states that severely restrict or prohibit abortion. However, employers who do this will need to navigate a complex interplay of benefits, healthcare, tax and employment law, as well as other potential state law issues in an evolving legislative landscape. In this alert, we discuss several potential approaches that employers may consider if they wish to implement new policies or expand existing benefits related to abortion access for their employees.

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