I'm posting this in honor of International Women's Day Mar. 8.
Jun. 29, 2022 "Some Canadian companies expand benefits for U.S. workers after Roe v. Wade overturn": Today I found this article by Hillary Punchard on BNN Bloomberg:
Some Canadian companies are expanding benefits for their U.S. workers to help cover costs associated with abortions after the U.S. Supreme Court overturned the 1973 Roe v. Wade ruling last week.
A Canadian Imperial Bank of Commerce spokesperson said abortions and other reproductive health treatments will continue to be covered in states where those procedures are legal, a company spokesperson told BNN Bloomberg in an email.
“In addition, in states where not legally available, we are expanding our U.S. benefits coverage to include reimbursement of associated travel costs (transportation, accommodation, food) up to a total of US$4,000 for the employee or covered family member, plus one travel companion, to ensure safe and legal access to these medical services,” a CIBC spokesperson said over email.
CIBC isn’t the only Canadian company expanding its U.S. benefits to cover costs associated with abortions.
In an internal memo shared with BNN Bloomberg, Scotiabank told its U.S. workers on Friday it would cover costs for those staff to travel if their state restricts access to abortions.
Tilray Brands Inc. Chairman and Chief Executive Officer Irwin Simon tweeted on Tuesday the cannabis company would update its health care benefits to cover transportation expenses associated with reproductive care for all of its U.S. employees and their covered family members.
Also on Friday, both Manulife Financial Corp. and Sun Life Financial Inc. shared with BNN Bloomberg that they would also cover medical travel for abortions with a companion.
“We also understand that access to reproductive healthcare is a deeply personal matter, and we believe our colleagues should have the opportunity to make the choices they feel are best for themselves and their families,” a Manulife spokesperson said in a statement to BNN Bloomberg over email.
‘HUNDREDS OF THOUSANDS’ FORCED TO TRAVEL FOR ABORTION
Following the Supreme Court’s decision, the question of whether abortions are legal will be left up to individual U.S. states. Abortion is now banned, soon-to-be-banned or under serious threat in about 60 per cent of U.S. states.
The U.S. National Abortion Federation (NAF) tweeted a statement that they anticipate “hundreds of thousands of patients will be forced to travel to access abortion care” if it’s not offered in their state.
“According to NAF’s research, about two-thirds of abortion seekers are unlikely to be able to travel to obtain abortion care without additional funding and support,” the statement said.
BNN Bloomberg reached out to a dozen large, publicly-traded Canadian companies with significant U.S. operations to inquire if they planned to cover the cost for any female staff in the U.S. who will need to travel out of state for an abortion due to the Supreme Court’s ruling. The majority either declined to respond or didn’t provide specifics on new support being provided for employees.
Some Canadian companies expand benefits for U.S. workers after Roe v. Wade overturn - BNN Bloomberg
Jul. 6, 2022 "What Canadian employers should know in wake of controversial U.S. abortion decision": Today I found this article by Howard Levitt and Puneet Tiwari on the Financial Post:
By now, we have been buffeted with articles from every conceivable political angle about the U.S. Supreme Court’s decision to overturn Roe v. Wade.
In the wake of this landmark decision, which now leaves it up to the individual states to decide if they will allow abortions, fear has gripped segments of the populace and a guessing game has ensued: What’s next? Same-sex marriage? Separation of church and state? Time will tell if the court addresses any of these other issues as Justice Clarence Thomas suggested it should.
But do these developments have any impact on the law in Canada, where, as Trudeau the Greater once pronounced, “There’s no place for the state in the bedrooms of the nation?”
In Canada, human rights are enshrined in legislation by each province and at the federal level.
For example, the Ontario Human Rights Code protects against discrimination based on pregnancy, which includes many things: if a person is trying to get pregnant; was pregnant; is pregnant; states that she is intending to have a child; will be taking a maternity leave; has or intends to have an abortion; or experiences complications related to an abortion. So does human rights legislation in every province, Territory and federally.
Although human rights tribunals across the country are facing enormous backlogs, plaintiff side lawyers will be quick to file superior court claims for constructive dismissal and human rights violations if an employee feels they have been discriminated against.
Here are some tips for employers on how to navigate these topics:
Nothing has changed in Canada
First, don’t do anything as result of Roe v Wade. Nothing has changed in Canada. The U.S. decision on Roe v. Wade is not an invitation to comment on your employees’ rights to abortion, religious choices, or family planning. These types of discussions are not appropriate in the workplace and will create human rights liability.
That is the problem with workplace discussions on topics such as this. If they veer into human rights, as this debate does, an employee can argue that employer comments, or even those of other employees, have created a poisoned work environment and take action before human rights tribunals for discrimination or potentially before courts for constructive dismissal, negligence or intentional infliction of nervous shock.
Intervene early
If an employee in the workplace is making inappropriate comments, intervene early and let them know it is inappropriate. If there is an HR complaint, investigate the allegations. This is every employer’s obligation.
Have a policy in place
The best time to put a workplace policy on human rights (or any policy for that matter) was yesterday. The next best time is now. Speak to an employment lawyer and have all policies that may apply to your workplace drafted and put into place as soon as possible.
When the pandemic first started, our office was inundated with vaccine policy requests. We are recently seeing a rise in requests for human rights, privacy and harassment policies. It is never too late to implement one. An overwhelming majority of claims we see against employers could have been avoided if a proper policy or handbook had been in place.
Got a question about employment law? Write to Howard at levitt@levittllp.com.
Howard Levitt is senior partner of Levitt Sheikh, employment and labour lawyers with offices in Toronto and Hamilton. He practices employment law in eight provinces. He is the author of six books including the Law of Dismissal in Canada. Puneet Tiwari is with Levitt Sheikh.
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