The impact of a post-Roe America and how it affects businesses and employees

With the Supreme Court of the United States (SCOTUS) essentially overturning Roe v. Wade, what role should business play in this dramatic change? How should companies balance the well-being of their employees while staying in the confines of the newly redefined, constantly evolving American law?   

 You may be thinking, is this a business and workplace issue? In reality, it is. In the U.S., our health care system is predominately connected to employment, which often means private healthcare decisions become a workplace issue. Furthermore, reproductive health, specifically abortion, affects a large portion of the workforce. In the U.S. alone, one in four women will have an abortion by the age of 45.  

 It’s still unclear what the fallout will be with this decision; however, businesses intending to provide comprehensive reproductive health care to employees will now need to think about abortion as part of that. As a company, preparing for this reality is not only a critical Human Resources issue but also a Diversity, Equity & Inclusion (DEI) issue. But where should businesses start, and what should they consider? Below are some things to think about as we navigate the unchartered waters of a post-Roe world.   

• • Expand benefits to ensure all employees have access to safe, legal abortion. With this ruling, reproductive health care will become even more disparate. If you have offices or employees working in states with trigger laws, they will require even more support to access comprehensive reproductive health care.  

• • Create a fund for travel expenses and possible legal funds. Consider access to a healthcare-related expense fund for workers on your health plan and those who are not. Ensure the process to access these funds is quick and communicated to all. Whether travel-related expenses and/or legal expenses, ensuring employees that need support have it.   

• • Hire a health benefits expert or consultant. Now’s the time to understand the different health insurance coverage options and whether your current approach is as inclusive as possible. Furthermore, this is an opportune time to revisit all your benefits to include LGBTQ+ support as well.  

• • Protect employee privacy and data. The SCOTUS decision to overturn Roe threatens the right to privacy for many things outside of just abortion rights. Now’s the time to protect employee privacy. Some states already do or are considering prosecuting individuals for violating anti-abortion laws. Businesses should double down on data security, employee privacy, and confidentiality practices wherever possible.  

• • Take a stance. During the last several years, companies have been using their voice to stand against social injustices. Many companies support and celebrate Pride Month in June. They have cut business ties with Russia after the invasion of Ukraine and became outspoken about racial injustices and the Black Lives Matter movement. Business voices can make a difference. For examples of businesses that have taken a stance for reproductive rights, check out  Amazon, Salesforce, Levi Strauss, and Airbnb. 

• • Provide talking points and coaching to people managers. Communication is essential during times of uncertainty. Guide managers who may get questions on benefits and the decisions made by HR. At the minimum, train managers to treat any private health care situation with compassion and confidentiality while guiding employees to the right company resources.  

• • Create a space for processing and action. Employee resource groups (ERGs) are critical to providing safe spaces for marginalized voices. ERGs can help employees take action or even offer a place to process and understand the ramifications of the SCOTUS decision. Go a step further and engage ERG’s members to learn more about the impacts of the decision and your company’s response. 

Ideally, businesses should have started on some of this work before this decision. But regardless, the SCOTUS decision to essentially overturn Roe is urgent for all businesses and employees. These are just a few steps to consider now and in the next few months. The benefits process is always cumbersome and complicated. It may take time to understand the nuances of new state laws and how to navigate a post-Roe America. Since this falls under both a Human Resources and DEI issue, contact us to see how The Resources Group can partner to ensure your employees have safe and legal access to all health care needs.