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Posted: 2023-01-05T19:32:52Z | Updated: 2023-01-05T19:32:52Z

In the wake of the Supreme Courts historic Dobbs decision overturning Roe v. Wade, many employers said they would start covering travel costs for workers who need abortions and live in states with bans . But Sen. Elizabeth Warren (D-Mass.) and Rep. Cori Bush (D-Mo.) say a large share of the workforce will be excluded from these benefits: workers classified as independent contractors.

The two lawmakers sent a letter to the Labor Department on Thursday urging the agency to follow through on its proposed crackdown on worker misclassification. They said it was necessary to do so because their offices believe many companies will not include contractors when it comes to the abortion travel reimbursements.

Warren and Bush said five companies in particular Amazon, Uber, Lyft, Grubhub and DoorDash provided them with generally inadequate answers when asked if their contract workforces would be covered. But all five confirmed, explicitly or implicitly, that independent contractors would be left out of the travel reimbursement for abortion care benefit, they wrote. Their full letter, which was co-signed by Sen. Mazie Hirono (D-Hawaii) can be read below.

This disparity will have particular implications for already marginalized communities.

- Sen. Elizabeth Warren (D) and Rep. Cori Bush (D)

The lawmakers said the situation illustrated a disparity between white-collar workers directly employed by the companies and their independent contractors who technically work for themselves. Contractors are often not included in a companys employee health care plan, which appears to be the primary vehicle for travel reimbursement related to abortions.

These responses confirm that while the companies higher-paid corporate executives will rightfully enjoy access to this benefit, their independent contractors, who lack both pay stability and minimum wage protections, will not, they said.

Many workers had abortion benefits through their health plans before the Dobbs ruling, whether they realized it or not. As HuffPost reported last year, the expansion of such benefits in recent months appears limited mostly to a small select group of workers in America , primarily white-collar ones. (There are notable exceptions, however, such as Starbucks, which said baristas on its health plan would be eligible for travel reimbursement.)