Key takeaways on abortion privacy and employer liability

Now that abortion is no longer a Constitutional right, do the new restrictions in some states affect employers’ liability and their employees’ privacy? 

Here are key takeaways to help employers navigate these issues. 

  1. Employee privacy 

Nothing has changed regarding the requirement that employees’ medical information be kept confidential. However, if you’re in a state where you are required to report an abortion, you may have to provide this information to the authorities. 

  1. Employer liability 

Employers who choose to reimburse employees for travel expenses incurred to travel to another state to have a legal abortion, or to allow employees to relocate for the same purpose, may be subject to civil and perhaps criminal aiding and abetting liability in such states as Oklahoma and Texas.

If you need help revising or developing new policies after the Dobbs decision, give us a call at 973-787-8442 or schedule a Strategy Session today.

Please keep in mind that this is not legal advice, you are not our client, and the law may change at any time and vary depending on your jurisdiction. 

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