On July 5, Professor Robert I. Field was quoted in an NPR story about the logistics of companies offering to cover out-of-state travel for their employees to obtain abortions.
Shortly following the Supreme Court’s decision to overturn Roe v. Wade on June 24, 2022, companies like Microsoft, Nike and Tesla announced their plans to cover travel for employees who live in abortion-restricted states.
The article discusses potential financial support methods and complications of employers’ intentions, including companies facing legal risks for aiding employees.
For example, in Texas, where the law prohibits “aiding and abetting” abortion, a company that provides assistance for employees could be risking legal action. Employees who are opposed to abortion could also turn in a company for its policies.
“That’s going to be a real tough one for employers,” said Professor Field. “We’ve already seen the flood of litigation from the Dobbs decision starting to flow in, and that’s one of the major issues that’s going to arise.
“It is a legal risk for companies,” he said. “A larger company has the advantage of having the resources for legal costs. A smaller company is going to find that more difficult.”
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