IVF, mifepristone, reproductive care and the election

On June 13, the Supreme Court made a unanimous decision to preserve access to mifepristone — a drug used in medication abortions — in a case that challenged the FDA’s policies surrounding the drug. Pro-choice supporters and reproductive care advocates breathed a sigh of relief, though the landscape of care in the United States remains uncertain.

As we approach the 2024 presidential election, employers are considering these issues: According to research by Employee Benefit News, 20% of employers think reproductive rights in the wake of Roe v. Wade is the most urgent issue for the next administration and Congress to address. Additionally, 14% of employers provided travel stipends for employees, and 13% increased access to fertility benefits.

In February, Alabama’s state supreme court ruled that embryos created through IVF should be legally considered children, making clinics and providers vulnerable to potential wrongful death of a minor lawsuits if frozen embryos are damaged or destroyed.

Since, fears around potentially losing access to IVF have spread across the country. And yet, according to a survey from Harris Poll and HR Brew, 63% of HR professionals said their company is looking to expand their fertility benefits in response to the current political climate; only 24% are considering reducing their current offerings. Employers are making it clear they still want to give their employees access to these benefits despite potential legal trouble down the line, emphasizing just how valuable they are.