San Antonio Express-News

Corporate America braces for Roe decision

- By Todd C. Frankel, Taylor Telford and Danielle Abril

In recent months, Apple has offered to cover medical expenses for workers in Texas who have to travel out of state to seek abortions. Salesforce has offered to relocate workers from the state, where a restrictiv­e abortion law took effect earlier this year. And on Monday, Amazon said it would cover $4,000 in travel costs for U.S. workers seeking medical care, including elective abortion and gender confirmati­on surgery.

The cautious first steps by companies in response to new state-level laws on abortion and LGBTQ issues highlight the unpreceden­ted, nationwide challenges that businesses could now face with the leaked draft opinion overturnin­g the landmark abortion case Roe v. Wade.

The news this week caught corporate America off-guard, resulting in a barrage of worried emails and phone calls trailing into the night as corporate officials grappled with the realizatio­n that the slew of state abortion laws were simply dress rehearsals for a bigger, nationwide policy shift.

“The communicat­ion with corporate parties has just been nonstop,” said Jen Stark, senior director at Tara Health Foundation, an investment firm focused on gender and racial equity. “Companies that were gearing up for impact in June are feeling the reality set in now.”

The ruling comes as many U.S. companies in the last two years have grown accustomed to pressure from customers and employees asking companies to take a stand on sensitive social issues — topics that corporate leaders might have ignored in the past. Major firms reacted to Black Lives Matter protests and fallout from the Jan. 6 insurrecti­on, pledging to fight racism or halting donations to politician­s who didn’t vote to certify the 2020 election results.

But a court ruling that threatens to curtail abortion rights in

half of the country would confront companies with unusual challenges.

Businesses with workers spread coast to coast might face logistical hurdles to providing equal access to health care for workers in Texas vs. California. Entire parts of the country might be ruled in or out for new developmen­t and investment. Some companies might struggle to attract new hires to states with abortion bans, while other employees might seek out work only in those same areas.

“This issue is going to force a lot of companies to take a side,” said Laura Gitman, chief operating officer of the nonprofit business consultant­s BSR.

Shareholde­r pressure

Access to abortion is important to workers, according to a new poll from the Tara Health Foundation and Morning Consult. Working adults by a 2-to-1 margin said they would prefer to live in a state where abortion is legal and accessible, rather than illegal and inaccessib­le, according

to the poll, conducted in March of a national sample of 2,210 adults. It also reported that 71 percent of respondent­s said a state’s social policies should be a factor in a decision to move there.

As states have tightened abortion restrictio­ns in recent years companies have faced increased pressure from shareholde­rs on these topics, too.

Already this year, shareholde­rs have filed a record number of proposals asking companies to examine business risks from any restrictiv­e abortion laws or to study how donations to socalled “anti-choice politician­s” align with corporate commitment­s to inclusion.

“Now I think there are going to be way more investors filing on this issue,” said Marcela Pinilla, director of sustainabl­e investing at Zevin Asset Management.

Major business groups such as the U.S. Chamber of Commerce declined Tuesday to comment or did not respond to requests for comment on the

leaked court decision.

San Francisco-based Yelp, the online business review website, was one of the few outspoken firms. The company said in a statement it opposed overturnin­g Roe v. Wade and warned that the ruling would have “a seismic impact on our society and economy.” Another San Franciscob­ased company, clothing firm Levi Strauss, said in a statement that business leaders need to support reproducti­ve rights “including abortion” and called it “a critical business issue.”

Worker hurdles

Corporate shareholde­rs meetings provide a rare venue for putting the abortion question directly to company officials.

TJX Companies, which owns TJ Maxx clothing stores, is dealing with a shareholde­r proposal asking the firm to start reporting on the risk from restrictio­ns on reproducti­ve rights.

The proposal noted that 40 percent of the company’s U.S. stores are located in states where abortion might become illegal if Roe v. Wade is overturned, due to so-called trigger bills.

“Should that occur,” the proposal read, “TJX may find it more difficult to recruit employees to locations where abortion is outlawed.”

They also pointed out the potential harm to the company’s finances, brand and reputation.

It was the business case — not a social or religious one — for why banning abortion might be a bad idea.

TJX’S board of directors recommende­d its shareholde­rs vote against the proposal. The company’s annual meeting is in June. The company declined to comment.

Walmart faces a similar shareholde­r’s proposal ahead of its June annual meeting.

“Should Roe v. Wade be weakened or overturned, as is widely anticipate­d, Walmart employees will face challenges accessing abortion care,” read the proposal from Clean Yield Asset Management, noting that 60 percent of Walmart’s U.S. stores are located in states with Roe v. Wade trigger bills.

Walmart’s directors recommende­d voting against the proposal, too, writing, “we believe our company is a great place to work for women, with benefits plans and programs that are competitiv­e and that support the physical, emotional, and financial well-being of all our associates.”

Walmart did not respond to a request for comment.

Abortion-related shareholde­r proposals have become an increasing­ly popular tactic in the last three years, said Shelley Alpern of Rhia Ventures, a venture capital fund focused on reproducti­ve and maternal health, who helped put together a recent proposal at Charter Communicat­ions.

“They’ve been hemming and hawing and delaying on this for last several years. Companies hate controvers­y, and they’ve been putting off a reckoning for long as possible,” she said.

“But now, the hour is here.”

 ?? Brittany Greeson / Washington Post contributo­r ?? Walmart and TJ Maxx’s parent company are weighing how to react on behalf of employees and shareholde­rs should the Supreme Court overturn Roe v. Wade.
Brittany Greeson / Washington Post contributo­r Walmart and TJ Maxx’s parent company are weighing how to react on behalf of employees and shareholde­rs should the Supreme Court overturn Roe v. Wade.

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