Accessibility Tools

Skip to main content

Controversy Is Brewing over the Legality of Abortion Travel Benefits

Written on .

An extremely interesting issue has arisen over whether employers can be charged with discrimination by providing abortion travel benefits.  One of the EEOC commissioners has instituted a rarely used Agency procedure to initiate discrimination investigations involving at least three companies over their providing abortion travel benefits to employees.  The "Commissioner charges" allege that the employers are favoring workers seeking abortions while discriminating against pregnant workers and disabled workers because they are not offering equivalent benefits for their medical needs.  The EEOC's former General counsel in a letter sent to employers pointed out such possibilities, but so far the EEOC has declined comment on these theories.  

Editor's Note:  It is unlikely that the current EEOC majority will support these charges, but of course private lawsuits can always be filed.  Further, it may be unusual for an employer to cover travel for abortion but not offer benefits for other pregnancy related matters and medical necessities.

This article is part of our January 2023 Newsletter.

View newsletter online

Download the newsletter as a PDF

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
sorry we're closed
For years the Office of Federal Contract Compliance Programs (OFCCP) was a formidable enforcer of equal employment and affirmative action a…
birthday sign
Readers may be confused about the significance of the U.S. Supreme Court rulings in Trump v. CASA and related cases, as part of the birthri…
woman looking through a telescope
In the last month of the Biden Administration, the EEOC issued a fact sheet on wearable technology under the anti-discrimination laws, “Wea…
cultural celebration
The concept of company culture is important for most employers.  It is important because it actually constitutes an operating system for em…
trans flag
There have been several recent developments concerning transgender rights.  Most interpret the Supreme Court’s 2020 ruling in Bostock v. Cl…
person using a computer at their desk, indoors
The U.S. Department of Labor (DOL) has established a new web page for employers to submit requests for opinion letters to the Wage & Ho…