The Impact of the U.S. Supreme Court Debating Access to Medication Abortion on Business & Employers

This week, the U.S. Supreme Court will revisit the issue of reproductive rights, less than two years after it?overturned?Roe v. Wade. This time, the justices will consider whether to limit access to a medication (mifepristone) used in more than?63 percent?of abortions in the United States.?

It’s the stubborn endurance of that potential for choice, rather than any fear about medical safety, that appears to lie behind lawsuits.

Mifepristone doesn’t have to be illegal for a Supreme Court ruling to have widespread, harmful impact. The case could make it harder to get medication abortions even in states where abortion is legal. For example, allowing medication abortions to proceed via telehealth has increased access, particularly for patients in rural areas and others who struggle to go to a healthcare center in person.?

The Supreme Court’s decision could also further impede abortion access for those living in one of the?more than a dozen states?with strict bans in place. Some telemedicine clinics have started allowing U.S.-based doctors to?prescribe and mail pills into restricted states, leveraging new “shield laws” enacted in certain blue states to protect them from prosecution.

The Economist calls on the Supreme Court to reject more restrictions on mifepristone. Restricting access to comprehensive reproductive care, including abortion, is a business and economic issue that employers are already navigating. A ban or further unnecessary restrictions on medication abortion will result in workers needing to take more time off to find and access healthcare, increase travel and logistical burdens, raise healthcare costs and potentially additional medical follow-up, and increase trauma for employees seeking time-sensitive services and facing unexpected hurdles. In the number of?states?where abortion is legal, reproductive healthcare systems could potentially be overwhelmed by people traveling to them for care.?

According to?2023 research?on Talent and?Social Policies conducted by Morning Consult, on behalf of BSR:?

• By a 2:1 margin, workers want to live in a state where abortion is legal and accessible.
• Nearly half of workers are concerned for themselves or their partner being criminally charged or going to prison for having an abortion in a state where it is illegal.?
• More than a third of workers are concerned about having enough money for themselves or their partner to travel out of state for an abortion.?

These restrictions harm women ages 18 to 45 and have disproportionate impacts on?lower-income?people, people who live in rural counties, those with disabilities, and families navigating IVF/fertility treatments as well as higher-risk pregnancies. Companies need to support efforts to ensure that workers have access to essential healthcare. This is a matter of safety, privacy, and workforce well-being.???

Understand the Impact of This Case???

BSR is a signer of?Don’t Ban Equality?which provides the following background and recommendations.?

• This case could impact employers of all sizes, in every state, and its potential outcomes represent uncharted territory. ?
• In addition to safe, effective, and widely used medication abortion care, the case would impact the safest, most effective form of early miscarriage care, and potentially IVF/fertility care.?
• Employers should evaluate and commit resources (time, travel and confidential administration of programs accessible to all workers) to support their workforce to access care, which may increase as employees need to travel further for abortion and miscarriage care.?
• Employers should be aware that a nationwide ban or unnecessary restrictions on mifepristone would compound gender, economic, and racial inequities, and that healthcare providers are already stretched thin.

?Recommendations for Business Action??

1. Be vocal now.?Speak up about how this ruling could impact the workforce and the benefits you provide to your workers and their families. Further restricting or eliminating access for medication abortion and miscarriage management translates into more logistical burdens, more time away from work, and an additional threat to employee safety and?well-being.?Speak to the business press, including on background, so they can understand and amplify business concerns, what steps businesses are taking to protect workers/employees, and what challenges employers are facing. Businesses should communicate actions they are taking with their workforce—as?employees will ask about how their employers’ existing commitments, programs and policies are affected.
2. Stand up in business associations. Business associations that your company belongs to can also stand up—they can engage privately with officeholders and provide safety in numbers.? The?BIO industry association?alongside companies and other executives in industry ultimately filed an?amicus brief?at the Fifth Circuit and the Supreme Court citing threats to pharmaceutical innovation and industry standards. The Pharmaceutical Research and Manufacturers of America (PhRMA) filed an?amicus brief?with the Supreme Court citing concerns about widespread industry disruption if a ban on Mifepristone went into effect.
3. Communicate with lawmakers.?Talk with office holders?that represent your operational locations about the need to codify access to reproductive care into law and any efforts to bolster supportive?state?environments.
4. Understand business impacts on customers and affected stakeholders.?Identify how your business’ actions, products, and services might impact those seeking reproductive healthcare, including data tracking and surveillance, financial services for health care providers, pharmaceutical sales policies and practices, etc. Shareholders continue to demand more from companies post-Roe.
5. Align corporate political giving?in the 2024 election cycle. There are?bottom-line and healthcare consequences?of providing uncritical support to lawmakers that are advancing dangerous policies that are opposed by a majority of workers in the US. Companies can do self-assessments and use tools like?the?Erb Principles for Corporate Political Responsibility?to help companies respond to new questions and pressures related to their political influences – from employees, investors, customers, and the public.

BSR’s?Center for Business & Social Justice?is tracking the developments of this case and continuing to help companies navigate this chaotic environment.?Reach out?to learn more about resources, practices and ways companies can get involved.??

References

Seven Actions for Business in 2024 Post-Roe America | Blog | Sustainable Business Network and Consultancy | BSR

Call to Action for Businesses on the Medication Abortion Rulings | Blog | Sustainable Business Network and Consultancy | BSR

https://www.newyorker.com/magazine/2024/04/01/what-the-abortion-pill-battle-is-really-about