Post-Roe Abortion Laws Impacting Employers by State

Author: XpertHR 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:

• Abortion means the intentional termination of a pregnancy.
• Ban/Banned refers to any law, whether civil or criminal, that prohibits abortion at fertilization.
• Restriction/Restricted means any law prohibiting abortion earlier than prior to viability or 24 weeks.

An entry of N/A means that the state does not currently have a law that addresses the particular issue in that cell.