Amazon, Starbucks promise abortion benefits, but they should think twice

Corporations have sought to provide employees access to abortion, but they could open the door to discrimination lawsuits.

Sharon Fast Gustafson is a former General Counsel of the Equal Employment Opportunity Commission who represents employers and employees in employment-related legal matters.

But employers providing such benefits may want to think twice. Their new policies open the door to expensive, time-consuming employment discrimination lawsuits.

Federal employment law includes prohibitions against discrimination based on sex, pregnancy, and religion under Title VII of the Civil Rights Act of 1964, and against discrimination based on disability under the Americans with Disabilities Act of 1990 (ADA). Under both laws, employers must not discriminate with respect to compensation, terms, conditions, or privileges of employment. Travel benefits certainly qualify.