A protest sign that reads: 'Reproductive Rights are Human Rights'

Careers are a culmination of life decisions—deciding what kinds of jobs to pursue, deciding where to work, deciding if and where to go to college, deciding to move to a new place, deciding when to retire, deciding when and if to get married, and deciding if and when to have kids. Making these decisions effectively, confidently, and from a place of empowerment requires having equitable access to options, to not be limited by social and political injustices.

On Friday, June 24, 2022, the Supreme Court of the United States overruled Roe v. Wade, ending the constitutional right to abortion at the national level, immediately leading to a patchwork of laws governing abortion at the state level. As of July 2, abortion is now completely banned in eight states, and protected as a legal right in only 21 states. This means that in 29 U.S. states, the options available to an individual making a major life decision—the decision of when and if to have a child—have been or are at risk of being restricted.

This post is not about the morality of abortion, though it’s important to remember that there are many different ethical and moral beliefs about abortion across the major world religions. Religious groups and leaders have been part of making abortion safe and accessible, particularly for low-income women, since before Roe v. Wade was decided, and are still involved in legal and political action to secure and protect the right to choose. Additionally, for many people, the morality of an issue is not determined simply by what a religious text says, rather it is a nuanced and personal process of discernment engaged in with guidance from one’s family, friends, clergy, teachers, and community.

What this post is about is the undeniable fact that abortion access, as a legal and social issue, matters in the world of work. It is a fact that the SCOTUS decision will profoundly and permanently impact the working lives and careers of thousands, perhaps millions, of Americans of all genders on personal and macroeconomic levels. With such a vast impact, I hope that offering some insight into the issue and how it affects employment and career development can be beneficial for job seekers, employers, and anyone taking civic action on this issue.

In this post I offer some suggestions and guidance for workers and job seekers. This is not intended to be comprehensive guidance and I will be updating as needed as the effects of this ruling continue to unfold.

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Employer Responses to the Dobbs Decision

The way the headlines tell it, the most immediate impact on the world of work of the SCOTUS ruling in Dobbs v. Jackson was the move by several employers to cover employee travel to have an abortion if the procedure becomes banned in their state. Some companies already offered this type of benefit for medical procedures including abortion, and others have just introduced it.

Though the announcements may sound comprehensive, workers should know that some companies are still defining the specifics of this benefit—under what situations it can be utilized (e.g., how many miles someone must travel), how to process requests with sensitivity and manage privacy of health information, if the funds are given up front or reimbursed later, and how to address the different legal frameworks in 50 states.

Some companies have also offered processes to relocate employees who are concerned about the impact of abortion bans in states like Texas, notably Google and Salesforce, which also offered relocation when anti-LGBTQ+ legislation was passed in Indiana in 2015. However, relocation can difficult for many workers who would be moving away from their communities and families, and for the nearly 50% of American workers who are employed by small businesses it would likely require switching jobs or companies. Not everyone can “just move,” and no one should have to uproot their lives to access fundamental rights.

Reproductive justice in work and employment goes well beyond abortion access, and the travel assistance promised by many companies has been described as “an insufficient solution to an enormous problem.” Employers can—and frankly should—offer additional benefits to help employees who are or may become pregnant.

A 2013 study found that 40% of women who sought abortion did so for financial reasons, 20% because the pregnancy interfered with educational or vocational plans, and 4% because they were under- or unemployed. In a country with no nationally-guaranteed paid parental leave or affordable childcare, these are immediate concerns in the lives of working parents and people who can become pregnant. Employers voicing a commitment to reproductive rights should ensure that they are also practicing pay equity, paying competitive living wages, offering paid parental leave, and supporting legislators that advocate for such practices when they make corporate donations.

Employers can also support the needs of LGBTQ+ employees by ensuring that benefits are equitable to all genders. For example, ensuring that travel for abortion is accessible to trans and nonbinary employees as well as women, and offering health insurance plans that cover reproductive healthcare regardless of gender identity or sexual orientation. Gusto did this by ensuring that their employer-provided health insurance covers fertility treatment for same-sex couples without a diagnosis of infertility.

Information for Employees and Job Seekers

As is often the case with issues related to social identity, most of the information available about work post-Roe is focused on employers. So what can individuals do who are concerned about the impact of the SCOTUS decision on their own career?

First, I want you to know if you’re feeling scared, worried, angry, fearful, or anything else in response to this, I hear you. Your feelings are valid, and I affirm that this is a scary, worrying, angering moment and situation. If you’re struggling to integrate this new reality into your life plans, your career goals, your educational aspirations, I see you, and I recognize that this is a real and legitimate factor in your decision-making.

State Laws and Policies

When it comes to rights in the United States, my first impulse is often to look at a map that outlines the legal landscape state-by-state. As I said above, no one should have to move to access basic human rights; this is especially the case for access to a medical procedure like abortion, which is not planned for long in advance and is also used as a lifesaving procedure in emergency situations. Thus while I often immediately think to look at state policies, I also recognize that a map and a focus on travel or moving is not a sufficient or complete response.

That said, for people who want to and/or can move to a state that has protected the right to abortion, you can make a more informed decision by looking up the current and proposed policies in each state:

Questions to Ask Employers

Beyond this, workers and job seekers can look to employers’ responses to assess fit within a company and to advocate for further protections and benefits. Contact HR or look up the employer’s website and ask questions such as:

  1. Has the organization issued a public statement in response to the SCOTUS decision in Dobbs v. Jackson?
  2. Has the company signed the Don’t Ban Equality statement?
  3. What has the organization said about assisting employees with access to abortion? Is there a process to receive financial support to travel to another state if needed? What is the process? Does it require employer-provided health insurance or is it available to all employees?
  4. What reproductive health benefits are included in the organizations’s health insurance plan? Is abortion covered? Are fertility treatments covered? If so, what is the coverage? Do these benefits explicitly include LGBTQ+ employees?
  5. Does the company offer paid parental leave? If so, how much? Do the benefits differ based on gender or for adoption? What percentage of one’s salary is paid during the leave?
  6. Does the organization have childcare benefits, such as a financial reimbursement or on-site childcare? Is it accessible to all employees with children, or are there limitations or a waiting list? Does the company provide access to back-up care as a benefit?
  7. What supports are in place for lactating parents? Does the company have lactation rooms and fridge access?
  8. Does the organization engage in practices to reduce gender inequality, such as identifying and addressing gender pay gaps with salary adjustments, evaluating job posting language and requirements for inclusion, posting jobs publicly and accessibly, and listing salary on job postings?

As you can tell from this list, the work and career concerns that abortion policies raise aren’t limited to abortion—it’s about the larger picture of reproductive justice and gender equality. It’s about your ability to access dignified work, to be compensated well and fairly, to choose the balance that works for you and your family if and when you have children.

Workers in Reproductive Health

I’d be remiss to not acknowledge the many people directly working in reproductive health whose jobs and careers have been impacted by the SCOTUS decision. If you are a worker in reproductive health or reproductive justice who has lost your job, ReproJobs has set up a worker aid fund.

Healthcare providers, social workers, counselors, medical students, and others interested in supporting access to abortion as part of their work may also be interested in the National Abortion Federation, a professional association of clinicians and other healthcare professionals.

Trans and Nonbinary Workers

For trans and nonbinary job seekers and employees, I know this can be a difficult time. Not only are AFAB trans people like us often left out of public discussion on reproductive health and disproportionately impacted by restrictions on abortion, but there are additional (and valid) fears that the reversal of Roe v. Wade could impact our access to transition-related and gender-affirming healthcare and roll back other LGBTQ+ rights.

In addition to the above list of questions, ask employers about policies and benefits for trans and nonbinary people. Does the employer health insurance cover transition-related care? Are any reproductive health benefits different for women and men, and if so, can the organization update these benefits to be gender inclusive?

For more information and resources: 7 Resources LGBTQ+ Workers & Job Seekers Need to Know About

If You Need Help Right Now

If you are in need of abortion care, the National Network of Abortion Funds has information about how to find a clinic that provides abortion care, and you can access a clinic directory at AbortionFinder.org. A directory of Colorado providers can be found on Cobalt’s website.

If you’re experiencing distress related to this news, the NAMI HelpLine can help connect you to mental health resources—call 1-800-950-6264 or text 741-741.

Take Action to Support Reproductive Rights

Restricting access to abortion has profound direct impacts on the careers and working lives of a significant portion of the population, and indirect impacts on us all. Tressie McMillan Cottom wrote in a recent op-ed that:

With Roe v. Wade toppled, we do not have the same rights in all labor markets. …The majority opinion in Dobbs argues that it is merely making the right to an abortion a state’s decision. In reality, the justices are making it a corporation’s privilege. A society cannot be held together when half of a population has to rely so heavily on the kindness of strangers to do something as basic as work.

As I said at the top, this post is not about the morality of abortion or about religious views. Thus, no matter your personal position on it, I’d like to offer and encourage taking action to roll back the bans and restrictions, protect access to abortion care, and to restore the right to choose to the individual.

Here a few resources detailing ways you can take action:

Whichever actions you take, please remember to include trans and nonbinary people. The Guttmacher Institute estimated that in 2017, between about 500 trans and nonbinary people had an abortion in the U.S. As a community that already experiences enormous difficulty in accessing healthcare, including reproductive care, it’s important for our needs and voices to not be left out.

In Summary

The SCOTUS decision to overturn Roe v. Wade in their ruling on Dobbs v. Jackson revoked federal protections to the right to abortion, taking away a vital option for personal autonomy from millions of women and trans/nonbinary people who can become pregnant.

Employers have responded with major companies announcing that they will help employees cover travel costs to access abortion. While this benefit will help some people in need of abortion care, this action is not without concerns, including potential harm with regards to employee privacy. Other actions employers can take to support reproductive justice include working toward gender equity by enacting equal pay practices and providing comprehensive reproductive health benefits, paid parental leave, and childcare benefits.

Job seekers and workers may be feeling scared, worried, and angry—and rightfully so, given the sweeping impact of this ruling. LGBTQ+ people additionally face the fear of further attacks on their rights to transition care and legal protections, including marriage. I encourage job seekers to do their research on state laws and employer policies and practices. Being informed can help with feeling empowered when making decisions about work and career in uncertain times. Employees can advocate for positive change in their organizations by raising awareness and petitioning for inclusive policies and benefits.

Finally, I urge everyone to take action to advocate for abortion access and reproductive justice. I believe in a future of work where everyone has access to dignified, meaningful work. But work doesn’t exist separate from the wider contexts of our lives, and we all make career decisions from within our social positions and geographic locations. An equitable future of work can’t come to be if major life decisions are limited and restricted for half of the population.