Employer-provided abortion, travel benefits: an overview of legal considerations

In the wake of the United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many companies have announced plans to assist employees in accessing abortion services, including providing travel assistance to employees located in states where abortion is now illegal. There are important legal considerations for employers to weigh when considering whether to provide such benefits.

Impact of state laws

Employers should consider whether these potential benefits may be illegal in the states where they operate. It is also important to understand if the employer’s assistance could be viewed as aiding and abetting the provision of abortion services. These laws will likely guide the type of coverage and assistance employers provide.

For Iowa employers, Iowa law currently does not restrict private insurance coverage for abortion services, nor does it criminalize the aiding and abetting of abortion services. However, since the Iowa Supreme Court also recently held abortion is not protected under the Iowa Constitution, nothing prevents the Iowa legislature from passing abortion restrictions in the future.