Things Employers With Employees Outside of California Should Consider if Offering Access to Abortion Services

July 14, 2022 | From HRCalifornia Extra

by Matthew J. Roberts; J.D.; Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert, CalChamber

On June 24, 2022, the U.S. Supreme Court issued its opinion in Dobbs v. Jackson Women's Health Organization, No. 19-1392 (2022), holding:

  • That access to abortion services is no longer a constitutionally guaranteed right; and
  • Access to abortion services will be left to individual states or determined by federal legislation.

What does this mean for employers and employees who work and operate in California? Not much. California has expressly and strongly committed to ensuring women will continue to have access to abortion in this state. In fact, voters will be voting on Proposition 1 in November, which if passed, will amend the California Constitution to include a right to reproductive freedom, including abortion.

What about employers and employees who work and operate outside of California? Depending on the state in which the employee resides, the Dobbs decision could change access to abortion services. As a result of this limited access, some employers have committed to paying for employees in these states to travel to other states, like California, where women can access these services. Employers who choose to do this should keep a few things in mind:

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