Amy Gordon Discusses Impact of Dobbs Decision on Employee Benefits

Winston & Strawn Partner Amy Gordon, who focuses her practice on health and welfare employee benefits, discussed the impact that the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization—revoking the constitutional right to an abortion and returning the right to regulate access to abortion to the states—will have on employers and employee health care plans in The New York Times.

As companies are exploring their options to provide abortion access to employees who may be affected by new state-level legislation, the list of legal concerns for both employers and employees grows. “The employers we’ve been counseling are looking at it all different ways and trying to minimize the risk to everyone,” she said.

When asked if there will be penalties against companies that allow people to pay for abortions with flexible spending accounts, Amy noted that there is not a straightforward answer—“I really do think it’s going to depend on enforcement.”

Read the articles here and here.

For a more detailed analysis, read Winton & Strawn’s Benefits Blast blog.