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Meredith Kirshenbaum Weighs in on Employer Policies Protecting Access to Reproductive Care in Law360, HRD and SHRM

May 17, 2022

Meredith Kirshenbaum used her extensive experience in labor and employment law to share insights regarding employer policies preserving access to reproductive care in the event Roe v. Wade is overturned in Law360, Human Resources Director Magazine (HRD) and the Society for Human Resource Management (SHRM).

Following the leaked draft opinion of Justice Samuel Alito, many in the country are preparing for the Supreme Court Case Roe v. Wade, which ruled a ban on abortion access as unconstitutional, to be overturned after 50 years.  Of note, a growing number of large companies have introduced policies to preserve their employee’s access to reproductive care by pledging to cover travel-expenses for medical treatments including abortion.

In HDR’s “Is it legal for companies to cover travel expenses of an employee's abortion?” Meredith shared that while such company policies may attract controversy from state governments, they may ultimately be a sign of support for employees. She added, companies are “sending a signal that they’re supportive of social issues their workforce believes in. There’s also a recruitment and retention element to it. They’re worried the progressive workforce might not want to continue to live in or move to a state with restrictive measures in place. That would affect companies’ ability to get top talent.”

Meredith’s full insights in HDR can be read here.

In Law360’s article “Employers Weigh Risks, Benefits of Backing Abortion Access,” Meredith elaborated on the risk involved with these policies and the potential legal pushback. She states, "It's an open question if helping someone get an abortion in a different state violates that law, but I wouldn't be surprised if we see suits brought to test this limit."

Read the full Law360 article here.

In the SHRM article “Be Aware of Legal Risks with Post-Roe Abortion Benefits,” Meredith opined on the difference between supporting abortion-inducing medication and covering the cost of travel to another state, noting that the former likely involves greater risk as it "may more clearly be aiding and abetting an abortion in violation of the state's law"

Read the full article here.

Meredith Kirshenbaum is a principal in the firm's Litigation Group with extensive experience counseling companies on a wide range of labor and employment issues and litigating labor and employment cases, including those arising in traditional labor law. 

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