Controversy Is Brewing over the Legality of Abortion Travel Benefits
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
Related Content
Get Email Updates

FCRA Litigation Challenges Employers’ Use of AI Hiring Platforms

The Dangers of Employers Using AI Research Tools as to Discovery Requests from Plaintiffs

Two Subsequent Cases Protect Defendant’s Use of AI as Subject to Work-product Protection

Is There Anything an Employer Can Do to Avoid Waiving Privileges in Using AI Research Tools?

Suggestions on Use of AI


