Nick Welle Discusses Legal Risks for Employers Protecting Abortion Access

14 October 2022 Law360 News

Foley & Lardner LLP Partner Nick Welle is quoted in the Law360 article, “Legal Risks Loom for Employers Protecting Abortion Access,” discussing the legal risks facing employers who are taking steps to provide their workers access to abortion following the U.S. Supreme Court’s decision this summer in Dobbs v. Jackson Women’s Health.

Welle said, "Employers in this post-Dobbs world are concerned about being a test case for one of these state laws that could potentially provide some sort of liability for an employer that provides an abortion benefit."

"This is an unknown risk, this is not something you can quantify very easily…and this is something where some state politicians or legislatures are being quite vocal about enforcement," he added.

Welle noted that in order to protect themselves against some state laws that target “aiding and abetting” an abortion procedure, some employers have included more coverage in their abortion travel benefits.

"On paper you are covering any type of medical service. But practically, you are covering travel for abortion, also gender-affirmation surgeries, which is becoming a hot topic and starting to be banned in certain circumstances, and other types of services that might be illegal in a state, and so it's much more broad. And I think it really minimizes the risk on aiding and abetting."

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As the impacts from the Dobbs v. Jackson Women's Health Organization decision overturning Roe v. Wade continue to evolve, so too do new business and legal implications for companies around the United States. For more information on how to alleviate risk and safeguard your business, please contact a Foley lawyer today.