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What Startups Should Keep In Mind If They鈥檙e Considering Abortion Benefits For Employees

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CEO said she’s always kept issues about inclusivity and equity top of mind when considering the company’s policies and benefits, especially because its workforce is remote and her startup鈥檚 business is an employee feedback management platform.

But it was the leak of the U.S. Supreme Court鈥檚 draft opinion to overturn Roe v. Wade that spurred her to think specifically about abortion access for her employees.

鈥淲hen the opinion leaked, I started to think, 鈥業s there more we can do?鈥欌 Schmidt said.

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Schmidt talked to friends who were also startup founders to get a sense of what other companies are doing to support employees. When the court ruling landed last Friday, she focused on making sure AllVoices鈥 employees weren鈥檛 鈥渇eeling in limbo or stressed.鈥

Companies, especially those with remote workforces, are grappling with how to best support employees in light of the new restrictions on abortion in states including Texas, Arkansas and Missouri.聽

Large companies from to have said they鈥檒l cover employees鈥 travel to other states for abortion, a policy some startups are considering as well. But it鈥檚 uncharted terrain that presents numerous legal and privacy challenges for companies that choose to take that stance.

AllVoices is offering a relocation stipend for employees who want to move to a different state or take time off to protest or seek medical care through the company鈥檚 unlimited paid time off policy. It will also offer travel stipends for employees who need to go out of state for an abortion. And the company ensured that its health insurance provider would still cover abortions, along with mental health care and counseling.

In a time when so much is unknown, companies need to provide clarity around what they鈥檒l do to support employees, Schmidt said.

鈥淚 think what they鈥檙e really looking for is, 鈥榃hat is my company going to do to support me in case I鈥檓 in a situation where I need help and support? Potentially my life is in danger,鈥 鈥 Schmidt said.聽

Employee privacy concerns

Companies that want to ensure abortion access for their workers face numerous legal and privacy challenges.

Schmidt said privacy concerns are the biggest issue she has heard other startup founders discuss when it comes to employee abortion access.聽

It鈥檚 a sensitive subject. Although an employer may be willing to cover the cost of out-of-state travel for an abortion, some employees may not be comfortable submitting the expense to their manager for approval.

Two ways startups are considering to protect privacy are by either providing a blanket medical travel reimbursement stipend that can be used for anything health related, or by designating just one or two people in the finance department to handle those reimbursements. All in a bid to maintain as much confidentiality as possible, Schmidt said.聽

What鈥檚 smart about designating one person to process the reimbursement is that only one person needs to know about the situation, Schmidt said, while the blanket reimbursement policy is beneficial because nobody needs to know what it鈥檚 for.

After originally speaking with 小蓝视频色情网页版 News, AllVoices received word from its insurance provider, , that employees could receive travel reimbursement for an abortion through the insurer, rather than Schmidt鈥檚 company. She said she needs to look into that option further, but it holds potential and is a direction the company is leaning toward.

Helping employees who live in states that ban or restrict abortion obtain that medical care comes with a slew of privacy and legal challenges, according to Bethany Corbin, senior counsel at Nixon Gwilt Law.聽

鈥淔rom the risk perspective on the legal side, the main one I鈥檓 seeing there is privacy and security,鈥 Corbin said. 鈥淗ow do you structure this type of benefit so employees feel comfortable requesting it without giving too much of their health information away?鈥

Many employers are now looking at ways to build the benefit into their employer-sponsored health plans. Doing it that way creates something of a barrier that separates health data from the employer, Corbin said.聽

Employers also need to keep in mind that if they鈥檙e offering to cover the costs of an employee鈥檚 travel for an abortion, the issue of discrimination could come up, according to Ellen Bronchetti, a partner at 鈥檚 employment law practice. Employers considering offering a broad policy to cover travel for health care need to think about what other services would be encompassed in that policy, she said.

鈥淚f you offer the benefit only to those women who are seeking the procedure, there鈥檚 the question of if this impacts other populations of employees or discriminates against other medical conditions, which could violate anti-discrimination laws,鈥 Bronchetti said.

鈥楢iding and abetting鈥 laws

Companies that have employees in states such as Texas that have aiding and abetting laws鈥攚hich can implicate people who assist others to commit what鈥檚 considered a crime in those states鈥攁re in an especially tricky position.

Companies that operate in those states need to figure out what could be considered 鈥渁iding and abetting鈥 abortion, especially as many of these issues will take time for the courts to sort through.聽鈥淐ompanies have to be prepared that even those innocuous looking benefits could be used to say they aided and betted abortion,鈥 Corbin said.

One thing companies often overlook as well is that not all of their employees may be pro-choice, Corbin noted. If a company covers the cost of an employee traveling for an abortion and that information isn鈥檛 secure, someone within the company could flag it as aiding and abetting.

鈥淚t鈥檚 a very, very tricky terrain鈥攁 slippery terrain鈥攔ight now,鈥 Corbin said.

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