Abortion access under fire: How employers should prepare amid midterm election decisions

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Since Roe v. Wade was overturned in June 2022, cutting off access to abortion and reproductive care for millions of Americans, employers have been forced to fill in the gaps, providing legal support, travel stipends and advocacy on behalf of their employees. It hasn't been easy — and it may get even harder in the wake of the upcoming November midterm elections. 

Currently, 16 states have total bans on abortions, and five additional states have bans on the procedure for pregnancies ranging from six-20 weeks. Almost half of all states in the U.S. have some sort of restriction in place, and in states where the abortions are available, access is extremely limited — even before Roe v. Wade was overturned, there were six states with just a single abortion clinic. Since June, at least 43 additional clinics have closed in states with bans on abortion, according to the Guttmacher Institute, a reproductive health research NGO. 

"A lot of people have been like, 'Wait, what? Is this really happening?' Yes. It's really happening," says Kristin Rowe-Finkbeiner, executive director of advocacy group MomsRising.  "This tragedy is unfolding in America right now. And one of the things that we're going to sadly see if we don't take steps to restore Roe is that the tragedy is only going to get worse." 

Read more: 4 ways to support employees who have lost access to abortion care 

With the upcoming midterm elections, abortion is a hot button issue for candidates — and for voters. Analysis from the Kaiser Family Foundation found that half of registered voters are more motivated to vote in these upcoming elections. Democrats are most likely to list abortion as their motivating factor; Republicans say it's the economy. 

There is plenty for voters to weigh in on — at the national level, if the House and Senate remain under Democratic control, President Biden has pledged to restore Roe v. Wade with a federal law. This will be nearly impossible, however, if Democrats don't pick up enough votes to give them a majority. Currently, Democrats have a razor thin majority in the House, and are split 50-50 in the Senate, where Vice President Kamala Harris serves as the deciding vote. 

"President Biden said that if we elect Democratic leadership in the House and the Senate, and of course he will maintain his office, the first thing they will do is codify Roe v. Wade into actual legislation," Rowe-Finkbeiner says. "We have a situation where our ballots are our voices, where our votes are going to determine our freedoms in a really big way. But it means everybody voting in the midterm elections." 

Read more: Long story short: With Roe v. Wade overturned, what's next? 

At the state and local level, states including Alaska, Kentucky and Montana have ballot initiatives that would amend their state constitutions to ban abortion and establish fines and prison time for those who violate it. In Michigan, where abortion is still legal, the state's Democratic governor is up for reelection; while she currently has a lead in the polls, a loss would usher in anti-abortion policies and a potential ban on Plan B, a method of birth control

While these scenarios are bleak, Rowe-Finkbeiner says there is room for optimism. Vermont, for example, is considering amending their constitution to protect abortion rights. Kansas already voted down an abortion ballot measure in August, allowing the procedure to remain legal there, though a tight governor's race could lead to a reversal. But that all hangs in the balance if voters don't show up in November. 

"It's more important than ever for people to keep voting down the ballot for their state legislative representatives, state senators, their local city council people and onward," Rowe-Finkbeiner says. "We're going to have to keep pushing, keep fighting, keep building our rights from the bottom up." 

What employers can do 
Employers have been shoved into the political minefield, and many have expressed support and offered benefits like travel stipends and legal aid for those needing access to reproductive care. While it's critical that employers continue to offer these benefits, Rowe-Finkbeiner says the first thing employers should do ahead of the midterms is encourage employees to vote and give them time off to do so. 

"A lot of people are still grappling with how to best support their employees and one of the ways is of course to provide time off to vote," she says. "We want people to get three to five friends voting with them, make it a voting party and really make your vote your voice this year." 

Employers should also take the time to review their healthcare plans and ensure that they cover the full suite of reproductive health benefits employees may need access to. In addition to restricting elective abortion procedures, the total bans in states like Texas and Arkansas also means that life-saving treatment may be unavailable for women experiencing dangerous ectopic pregnancies or miscarriages.

If an employer is in a state where abortion is illegal, or has employees living in states where access is blocked, travel stipends and money for food and lodging is essential. And with more bans expected, the number of employees needing to utilize those services will most likely increase. 

"A lot of people have been very uplifted by employers providing expanded reproductive care coverage, including costs to cover travel and food and lodging. But you know, that's not enough," Rowe-Finkbeiner says. "We're still in the middle of really understanding the tragedy that's unfolding. Employers have a lot of leverage politically that they can use to urge Congress to create legislation that restores Roe, and they can also contribute to candidates that are supporting restoring Roe." 

Read more: How political activism outside the office can get you in trouble at work 

Amid intense political fatigue and an endlessly bleak news cycle, it's tempting to turn a blind eye to these issues — yet the impact of these elections and the outcome of abortion rights will effect every aspect of American life, Rowe-Finkbeiner says. 

"This issue — access to reproductive healthcare, being able to choose if, when, and how many children you have — impacts people of all genders. It impacts our economy. It impacts our families," she says. "We really have a stark choice in front of us. When you vote, research where your candidates stand, because more is at stake than most people know." 

In 2017, the most recent data from the Guttmacher Institute showed that 862,320 abortions were performed in clinical settings, and an additional 339,640 medication abortions were provided. That number will never reach zero, even with bans and restrictions, but the impact it has on maternal health and the future of democracy could be dire, Rowe-Finkbeiner says. 

"Every year people say, 'Hey, this is the year where democracy is under attack, where our rights and our freedoms are under attack in the biggest way.'" she says. "And you know what? I've been working in politics for a couple of decades, and sadly I can tell you that every year, that is the actual truth. We've had increasing attacks on democracy, on our rights and a tremendous amount is at stake to protect our rights to bodily autonomy, but also in protecting our democracy." 

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