Roe v. the workplace: The new battleground for women's reproductive rights

In the annals of American legal history, few decisions have wielded as much influence as Roe v. Wade. The 1973 Supreme Court ruling recognizing a woman’s constitutional right to abortion did more than just redefine reproductive rights; it established a foundation for women’s autonomy and economic participation. Nearly five decades later, the reversal of Roe v. Wade through the 2022 Dobbs v. Jackson Women’s Health Organization ruling has reignited long-standing debates and sent shockwaves through the modern workplace, revealing a complex interplay of policies, politics, and personal freedoms.

Abortion bans and restrictions have far-reaching implications beyond the courtroom that significantly impact the workplace. According to a report by the Institute for Women’s Policy Research, these restrictions cost the US economy $173 billion annually, highlighting that women who cannot access abortion care often face challenges like unpaid leave, out-of-state travel, and relocation, which disrupt their careers and lower lifetime earnings, ultimately impeding their professional trajectories and financial stability.

This burden affects a significant number of women. Data compiled by PolitiFact confirms that approximately 21.5 million women and girls of reproductive age live in the 20 states that have enacted total abortion bans or six-week bans, amounting to nearly 29% of women of childbearing age, and when including states with additional restrictions, the affected population approaches 40%​. And it’s especially heavy for Black women, who are disproportionately hindered by these restrictions. A new report from the National Partnership for Women and Families highlights that nearly 7 million of the country’s 11.84 million Black women of reproductive age live in states with abortion restrictions or plans to implement them.

As society navigates the post-Roe landscape, we must consider the broader implications for women in the workplace and how companies are responding to their demands. Understanding how businesses are addressing the logistical and financial challenges women face due to these restrictions allows us to glimpse into the inequity these restrictions pose to women’s careers. So, what measures are really being implemented to support women’s professional and economic stability?

The post-Roe workplace

Navigating cost, care, and careers

The impact of abortion access on American women’s workplace equity is a long-standing issue, explains Jennifer Stark, a strategic advisor to Don’t Ban Equality and co-director of the Center for Business and Social Justice at BSR. “Roe was always meant to be the floor, but in many states, it also became the ceiling,” she says. “Roe was an imperfect solution from the start, and it was continually chipped away at for decades. In some states and rural areas, barriers to access were significant, with providers bullied out of providing care through threats. Either way when the Dobbs decision came out in June 2022, the reversal set back 50 years’ worth of effort towards the full participation of women in the workplace.”

“Roe was always meant to be the floor, but in many states, it also became the ceiling.”

To illustrate the real-world impact of this shift, Stark shares an example from Hidden Value: The Business Case for Reproductive Health, published by Rhia Ventures. “Amanda, a 22-year-old mother in Missouri, lost her job after taking three days off to travel for an abortion. Despite a two weeks’ notice, covering her shifts, and a doctor’s note, she was fired from her night manager position. This is about more than a motherhood penalty. It’s about the basic dignity and health that all workers should have access to.”

A stark contradiction exists in states with restrictive abortion laws, putting women workers in a particularly difficult position. “You’d think states restricting abortion access would have paid family medical leave, reliable childcare infrastructure, and a living wage to cover the basic needs of working families,” observes Stark, “Instead, the states with the most restrictive abortion laws often have the worst maternal and child health outcomes. If families are forced to choose between time off to care for a loved one and a paycheck, it leads to continued chaos.”

Are abortion bans driving relocation?

In 2022, critics argued that abortion bans would force women to relocate or choose against moving to a state with an abortion ban for work or even higher education. Now, two years later, are women really relocating?

A staggering 72% of college students told Gallup that abortion laws factored into their decision of where to go or stay in school, and an overwhelming four-to-one margin of these students prefer states with greater access to abortion, suggesting that states with restrictive laws might struggle to attract and retain young, educated individuals. “That’s prospective future revenue for a state among all college students,” Stark points out.

Medical students are also migrating. A report from the Association of American Medical Colleges shows a significant decline in applications to OB-GYN residency programs in states with abortion bans. For instance, Missouri saw a 25% drop in OB-GYN residency applicants after the state enacted its abortion ban in 2022.

“This is about more than a motherhood penalty. It’s about the basic dignity and health that all workers should have access to.”

The data shows that the younger generation is driving a significant wave of dissent, and it’s not just in their education choices. A new survey from CNBC and Generation Lab finds that two-thirds of younger workers say they definitely wouldn’t live in a state that bans abortion.

But it’s not just the younger generations, according to a BSR and Morning Consult study in 2023, where, by a two-to-one margin, workers want to live in a state where abortion is legal and accessible. Even if it’s too soon to really see the relocation patterns following the Dobbs decision, Stark says, “There won’t be an immediate exodus of women leaving a state following one particular abortion restriction. Instead, we’re seeing this longitudinally play out over time.”

Corporate response to the post-Roe landscape

Some firms are taking steps to openly support abortion rights, such as offering financial assistance and paid time off for abortion-related travel. “And, they’re doing so without facing notable backlash, despite the breathless coverage around anti-ESG and anti-DEI topics,” notes Stark. However, the anticipation for a wave of abortion-related services added to employer-sponsored health insurance benefits seems to have fallen short.

A 2023 study by the Kaiser Family Foundation on large employer-sponsored health plans found that overall, only 8% of large firms reported reducing or expanding coverage for abortion since the ruling. The vast majority of large firms whose plans didn’t cover abortion or only cover it in limited circumstances already had this coverage restriction before the Dobbs ruling. Conversely, only 12% of large firms whose plans cover abortion under most or all circumstances added or expanded coverage following the ruling. Therefore, most firms have simply maintained their existing policies. Another increase, albeit slight, was the introduction of financial assistance for employees needing to travel out of state to obtain an abortion, with 7% of large firms offering or planning to offer such benefits.

However small now, the decision for companies to offer extended benefits has paid off in attracting job-seeker interest. A recent study by researchers from Indeed, the University of Maryland, the University of Southern California, and the Institute of Labor Economics found that firms announcing such benefits saw an 8% increase in clicks on their job postings between Q3 2022 and Q2 2023 compared to similar companies that did not implement these policies. Notably, this higher job-seeker interest was concentrated in both Democratic-leaning states and in typically female-dominated jobs in states where abortion became illegal after the Dobbs decision.

How businesses are stepping up for women

Amy Spurling, founder and CEO of Compt, a platform offering employee benefits through Lifestyle Spending Accounts, has been at the forefront of helping companies navigate the challenges post-Roe v. Wade. Compt allows companies to provide stipends for various needs, including abortion travel assistance.

Spurling notes that the demand for such benefits surged dramatically after the ruling. “This issue wasn’t a priority before, but as soon as Roe was overturned, our phones started ringing off the hook. Brokers were scrambling to find solutions for their clients, and companies were trying to address their employees’ needs. Even now, whenever there is a news story about a woman who died because she couldn’t access the medical care she needed, or when another restrictive law is passed, we see another surge in calls.”

“This issue wasn’t a priority before, but as soon as Roe was overturned, our phones started ringing off the hook.”

She says companies are keeping their policies and benefits legal-neutral. “They’re threading a needle here. Some large companies have openly supported abortion rights, like HubSpot, which has taken a strong stance, yet smaller companies are still figuring things out.” Yet, Spurling says these companies are trying to support their employees while ensuring compliance with local regulations. “They’re varying how broad or narrow they design their policies, trying to navigate the legal complexities of supporting their employees without getting into legal trouble.”

She adds that a system can be set up where everyone can access care, even if someone needs to travel out of state for medical services, and “none of that is illegal.” Expenses like travel, childcare, and hotel stays can be covered through stipend platforms like hers. However, she says that covering the actual medical care or procedure can get tricky. “When companies offer these benefits specifically for abortion care, it’s risky because it creates a paper trail that could expose them to potential legal issues in restrictive states.”

As of now, Idaho has the only travel ban restriction legislation that criminalizes helping minors travel out of state for abortions. No other US state explicitly restricts its residents from traveling out of state to obtain an abortion. However, there have been discussions and proposals in some states. However, there have been discussions and proposals in some states. For example, lawmakers in Missouri have considered legislation that would allow private citizens to sue anyone who helps a Missouri resident obtain an abortion out of state. These proposals have not yet been passed into law, but they reflect a growing interest in trying to extend the reach of abortion restrictions beyond state lines.

Corporate crossroads post-Roe

The demand for legal and financial support for reproductive health benefits is becoming increasingly prominent as we settle into the Dobbs decision norms. Companies like Compt are leading efforts to ensure that employees have access to necessary care while managing the complexities of differing state laws. However, this places businesses at the center of a heated debate. But for Stark, there is no debate, “If I had a bumper sticker, it would be: ‘Abortion bans and restrictions cause chaos and cost for business.’”

“If I had a bumper sticker, it would be: ‘Abortion bans and restrictions cause chaos and cost for business.’”

The challenge extends beyond business complexities, awakening conversations around a company’s broader ethical and social responsibilities. Businesses are now faced with the dilemma of how to align their policies with their stated commitments. “Probably the hardest but most important thing any company, especially a large company, could do is align their corporate political contributions with their stated commitments.” explains Stark. “Where that’s not possible, companies can still educate candidates about how [these bans] harm the workforce and create unproductive business environments.”

Photo by Thomas Decamps for Welcome to the Jungle

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