by the Brightmine Editorial Team
On June 24, 2022, the Supreme Court of the United States overruled Roe v. Wade and Planned Parenthood v. Casey in Dobbs v. Jackson Women’s Health Organization. Under Dobbs, states may regulate abortion by implementing civil and criminal laws that protect, limit or ban abortion services within the state. States may also regulate health insurance coverage of abortion services. The decision’s wide impact on employment practices requires employers to address a post-Roe workplace
The following chart provides information about state abortion laws that may impact employers operating in that state.
In addition to providing information about state restrictions and bans, this chart includes state aiding and abetting provisions. References to aiding and abetting provisions means laws explicitly prohibiting anyone from aiding or assisting another in accessing abortion services. The term does not include state laws generally prohibiting a person from assisting another in the commission of a crime. Therefore, such laws are not covered in this chart.
The chart also provides information related to required and/or prohibited insurance coverage of legal abortions and elective abortion services. However, the chart does not provide information related to required insurance coverage for medical emergencies, ectopic pregnancies, miscarriages, etc., except where it is referenced as an exception to prohibited abortion coverage.
Note that abortion laws in many states are rapidly changing as the result of pre-Roe laws, trigger bans, new legislation and federal law. Litigation is also ongoing in many states, resulting in temporary injunctions.
The following definitions apply for purposes of this chart:
Restriction/Restricted means any law prohibiting abortion earlier than prior to viability or 24 weeks.
Abortion means the intentional termination of a pregnancy.
Ban/Banned refers to any law, whether civil or criminal, that prohibits abortion at fertilization.
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About the author
The Brightmine Editorial Team
Our in-house team of HR experts carefully monitors and updates the Brightmine HR & Compliance Center, the most comprehensive library of employment law and HR resources. This team has an unrivaled wealth of subject matter expertise, with an average of 15 years’ experience. They also bring invaluable, diverse career experiences to the table—the team includes seasoned employment law attorneys, former in-house counsel, SHRM certified professionals and career employment law editors.
In addition to managing the HR & Compliance Center, the Editorial Team supports the content across the Brightmine product portfolio. The Team also supports Marketing Resource Center with breaking HR news, Commentary and Insights, and expert review of key compliance resources, such as our free charts.