Insights on Corporate Advocacy: Reaction to SCOTUS Decision Overturning Roe v. Wade

In today’s newsletter, we overview how companies and executives are responding to today’s Supreme Court’s decision to overturn Roe v. Wade, and preview what’s ahead.

✅ Stay up to speed: Bookmark our ongoing tracker of corporate and executive statements and actions on reproductive rights here.

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1. Some companies double down on employee travel policies

In the hours following today’s Supreme Court decision, several companies weighed in externally and internally with one overarching theme: a commitment to supporting their employees’ access to healthcare. Many reiterated or announced policies to support employee travel for medical procedures that are unavailable in their state.While more companies engaged today than the period following POLITICO’s disclosure of the leaked SCOTUS decision in early May, many companies continued to remain silent on the issue.

Companies posting messages on their social media channels:

• DICK’s Sporting Goods President and CEO Lauren Hobart posted on LinkedIn: “In response to today’s ruling, we are announcing that if a state one of our teammates lives in restricts access to abortion, DICK’S Sporting Goods will provide up to $4,000 in travel expense reimbursement to travel to the nearest location where that care is legally available. This benefit will be provided to any teammate, spouse or dependent enrolled in our medical plan, along with one support person.”
• Indeed tweeted: “At Indeed, we believe that work needs women, and women need access to safe and affordable healthcare. We are committed to helping women get equal access to employment opportunities, and to get equal pay for equal work. We are also committed to supporting our employees in their own decisions about their health. Employees who are on Indeed Insurance will continue to be reimbursed for travel expenses for covered medical procedures that are unavailable where they life. Anything that limits the freedom of women to make their own decisions about their health hurts them and society. Limiting access to safe and affordable health care will hit hardest in marginalized communities, especially people of color and those in lower income brackets.”
• Glassdoor tweeted: “Regardless of where you stand, the Supreme Court’s decision has ramifications for nearly 50 years of progress in advancing women’s rights. It also impacts the freedoms of many women to work and have a career, and will be hardest felt among people with lower income and from the BIPOC community. At Glassdoor, we are committed to supporting all of our employees’ physical and mental health, regardless of where they live and work. Employees covered by a Glassdoor sponsored health plan are eligible for travel expense reimbursement if they travel for an eligible-covered or non-covered medical procedure that is unavailable in their state, region or province of residence or employment location.”
• Twilio tweeted: “As a company, Twilio supports our employees’ right to access comprehensive reproductive healthcare, including abortion. We will cover the financial costs for employees who need to travel for critical reproductive care as a result of this ruling, and will continue our evolving benefits and resources to enable employees’ access to reproductive care going forward. We will also make a $100,000 donation to the Center for Reproductive Rights, a global advocacy organization that seeks to advance reproductive rights around the world, in order to support the continued fight for access to high quality reproductive health services.”
• The NBA and WNBA tweeted: “The NBA and WNBA believe that women should be able to make their own decisions concerning their health and future, and we believe that freedom must be protected. We will continue to advocate for gender and health equity, including ensuring our employees have access to reproductive health. care, regardless of their location.”
• Patagonia published a LinkedIn article, entitled ‘Patagonia Supports Choice’: “Caring for employees extends beyond basic health insurance, so we take a more holistic approach to coverage and support overall wellness to which every human has a right. That means offering employees the dignity of access to reproductive health care. It means supporting employees’ choices around if or when they have a child. It means giving parents the resources they need to work and raise children.”
• OKCupid tweeted: “#RoeVsWade decision does not mean the fight is over. Reproductive rights are human rights. Act now by calling your representatives and demanding freedom and choice. We have no choice but to fight! TAKE ACTION.”

Organizations posting statements on their websites and corporate blogs:

• Bumble released a statement from CEO Whitney Wolfe Herd: “I founded Bumble with one goal: to give women control over their relationships so they could live healthier and more equitable lives. This decision does quite literally the opposite, and the consequences will be devastating. Banning abortion just means banning safe abortion.
  Bumble will continue to support organizations committed to reinforcing reproductive rights.”
• Lyft published a corporate blog post: “In the wake of the Supreme Court decision on Dobbs v. Jackson Women’s Health Organization, we’re committed to providing team members with undisrupted access to safe and critical healthcare services. Lyft’s U.S. medical benefits plan includes coverage for elective abortion and reimbursement for travel costs if an employee must travel more than 100 miles for an in-network provider. This decision will hurt millions of women by taking away access to safe, and private reproductive healthcare services.”

Companies that shared statements with the media:

• Zillow told TechCrunch that it had recently updated its health benefits to reimburse up to $7,500 each time “significant” travel is necessary to access healthcare including reproductive services or gender-affirming care. “We strongly support our employees’ right to make healthcare choices that are right for them, and we will continue to do so. Our health benefits cover a wide range of reproductive healthcare services — including abortion, whether patient-elected, medically necessary or both. Moving forward, we will continue to ensure our coverage includes safe access to reproductive healthcare.”
• Netflix told Business Insider (shortly before the announcement) it would reimburse expenses for U.S. employees and their dependents who need to travel for abortions or gender-affirming care.
• Uber told TechCrunch: “After this morning’s Supreme Court ruling, we reiterated to employees that Uber’s insurance plans in the U.S. already cover a range of reproductive health benefits, including pregnancy termination and travel expenses to access healthcare. We will also continue to stand behind drivers, reimbursing legal expenses if any driver is sued under state law for providing transportation on our platform to a clinic.”
• Meta told Variety: “We intend to offer travel expense reimbursements, to the extent permitted by law, for employees who will need them to access out-of-state health care and reproductive services. We are in the process of assessing how best to do so given the legal complexities involved.”
• Warner Bros. Discovery told Variety it has expanded its “healthcare benefits options to cover transportation expenses for employees and their covered family members who need to travel to access abortion and reproductive care.”
• Rite Aid CEO Heyward Donigan joined Yahoo Finance to discuss the ruling: “We provide health coverage to over 53,000 employees across the company. Our number one concern will always be their best interest and their wellness. Rite Aid has been working with our healthcare administrator in anticipation of some decision on contingencies.”

Companies shared internal communications:

• Disney said in an internal employee memo obtained by CNBC: “Our company remains committed to removing barriers and providing comprehensive access to quality and affordable care for all of our employees, cast members and their families, including family planning and reproductive care, no matter where they live. We have processes in place so that an employee who may be unable to access care in one location has affordable coverage for receiving similar levels of care in another location. This travel benefit covers medical situations related to cancer treatments, transplants, rare disease treatment and family planning (including pregnancy-related decisions).”
• Paramount said in an internal employee memo, which was obtained by Variety: “Reproductive health care through company-sponsored health insurance, including coverage for birth control, elective abortion care, miscarriage care and certain related travel expenses if the covered health service, such as abortion, is prohibited in your area.”
• Momentive told its employees that it will “cover employee and covered-dependent costs for travel for abortion, infertility and gender-affirming care” according to Business Insider.
• Condé Nast CEO Roger Lynch emailed staff: “To do all we can to protect access to healthcare, we have made enhancements to our U.S. health benefits to assist covered employees and their covered dependents in obtaining access to reproductive care regardless of where they reside.”

2. Executives speak out

Several CEOs and business leaders shared more direct criticism and discontent over the Court’s decision via their personal social media channels. Some called for political action to counter the impact of today’s decision.

• Reddit co-founder Alexis Ohanian tweeted: “There it is. I’m so sorry to see it. Dems, here is your mandate going into midterms.”
• Yelp Co-founder & CEO Jeremy Stoppelman told the New York Times: “Business leaders must step up to support the health and safety of their employees by speaking out against the wave of abortion bans that will be triggered as a result of this decision and call on Congress to codify Roe into law.”
• Salesforce CEO Marc Benioff tweeted: “I believe CEOs have a responsibility to take care of their employees — no matter what. Salesforce moves employees when they feel threatened or experience discrimination. To our Ohana — we always make sure you have the best benefits & care, & we will always have your back. Always.❤️”
• Bungie CEO Pete Parsons tweeted: “This is a difficult day for our country. Good people will be hurt by this decision. Bungie will do whatever we can to protect our people and ensure they can live happy, healthy lives.”
• The Ringer founder and CEO Bill Simmons tweeted: “One of the worst American days of my lifetime.”
• Patagonia CEO Ryan Gellert posted on LinkedIn: “Even though a leaked memo previewed it a month ago, reading the news this morning is devastating. A constitutional right that has been protected for 50 years is now gone. The will of the people, health, science, and legal precedent be damned. Patagonia has long supported abortion care, working parents and families, and we’ll continue to do so.”
• Hubspot Chief People Officer Katie Burke posted on LinkedIn: “If you’re not angry and outraged, you’re not paying attention. The Supreme Court ruling today puts fundamental rights to bodily autonomy at risk. I can’t pretend that work is the same today, and that I’m not feeling the grief and disgust so many others are feeling, too. Thinking of anyone feeling the same today, and taking some space to process the heartbreak of the moment before I channel my frustration into action.”

3. What to watch for next

The business community is paying close attention to unfolding developments expected over the coming days, weeks and months:

• Democrats and pro-abortion groups condemn decision: President Joe Biden said “voters need to make their voices heard. This fall, we must elect more senators and representatives who will codify a woman’s right to choose into federal law once again. Elect more state leaders to protect this right… This fall, Roe is on the ballot. Personal freedoms are on the ballot.” House Speaker Nancy Pelosi said abortion rights would be a top issue for voters this November.
• Republicans and anti-abortion groups celebrate: House and Senate Republicans and anti-abortion groups praised the decision as a “historic victory for the constitution.” Senate Minority Leader Mitch McConnell (R-Kentucky) said in a statement that the Supreme Court ruling is “courageous and correct” and a “historic victory for the Constitution and for the most vulnerable in our society.” Sen. Mitt Romney (R-Utah) said, “”I support the Court’s decision, which means that laws regarding abortion will now rightfully be returned to the people and their elected representatives.”
• World leaders react: Canadian Prime Minister Justin Trudeau said, “The news coming out of the United States is horrific…No government, politician, or man should tell a woman what she can and cannot do with her body. I want women in Canada to know that we will always stand up for your right to choose.” Leaders from the UK, France, Chile and Belgium — as well as the UN and WHO — also voiced strong concerns over the decision.
• National protests — and potential violence — are expected: Protests are expected in major U.S. cities including Chicago, Philadelphia, Denver, San Francisco, Portland, Seattle and San Francisco over the coming days. (Patagonia said it will provide bail for employees arrested while protesting the SCOTUS decision.) The Department of Homeland Security said in a memo today that domestic violent extremism is “likely” in response to the Supreme Court’s decision to overturn Roe v. Wade.
• Companies navigate how to put travel reimbursement policies into practice: Companies with travel reimbursement policies to obtain abortions out of state will need to navigate the risk of legal attacks or political blowback in states that have banned the procedure. Of note: Some 14% of large employers surveyed beginning in early June said they had a travel benefit in place, while another 25% said they were considering it, according to responses from nearly 300 employers to a survey conducted by benefits consultant Mercer LLC (via WSJ).
• Abortion medication and travel to access abortion services top-of-mind: President Biden said his administration would defend the “bedrock right” of a woman living in a state where abortions are now outlawed to travel to another state where it is available and terminate her pregnancy. “If any state or local official, high or low, tries to interfere with a woman exercising her basic right to travel, I will do everything in my power to fight that deeply un-American attack,” he said. He also directed the Department of Health and Human Services to ensure FDA-approved medication abortion is “available to the fullest extent possible.”
• Growing questions about future of other rights: Justice Clarence Thomas’s concurring opinion suggested the Court revisit past precedents. “In future cases, we should reconsider all of this Court’s substantive due process precedents,” Thomas wrote, pointing to Griswold v. Connecticut (contraception), Lawrence (same-sex marriage), and Obergefell (same-sex marriage).

4. Weekend action plan

Best practices to put into place over the weekend:

1. Monitor media + social media dialogue: Keep your ears open to internal and/or external feedback on your organization’s messaging and actions in response to today’s news. Evaluate inputs and discuss how and where to incorporate into your go-forward approach.
2. Organize leadership task force: Maintain reoccurring meetings and dialogue across key departments (leadership, operations, comms, HR, legal, etc.) to review business and employee issues and actions resulting from today’s decision. Build integrated, cross-functional approaches to navigate the challenges ahead.
3. Review + prep for upcoming executive engagements: Ensure senior leaders are briefed and prepped with talking points, Q&A and practice before engaging externally or internally.
4. Extend compassion + sensitivity: Promote a compassionate culture and tool managers and employees with approaches for how to engage employees as they process the decision.
5. Pause proactive social: Reevaluate proactive posts on unrelated topics while the online dialogue remains focused on the Court’s decision. Keep top of mind stakeholders in affected states who are directly impacted.