'A slap in the face': Some upset Lilly, Cummins wait to criticize abortion ban until Holcomb signed it

Eli Lilly and Co., and Cummins have released statements taking Indiana to task for adopting a near-total abortion ban since the law was signed by Gov. Eric Holcomb Friday, but neither of the two Indiana companies publicly spoke against the legislation in the preceding weeks despite being given multiple opportunities.

Lilly and Cummins did not answer questions Monday from IndyStar about their decisions to publicly comment only after the bill was signed and the law prepares to take effect Sept. 15. It's unclear what changed their calculus about taking a public position or why they decided to weigh in so late, once a law was signed.

One advocate who was at the Statehouse during the 2-week session indicated she was taken aback by the late timing of the Lilly and Cummins statements over the weekend.

"It was a slap in the face," said Lisa Wilken, a veteran and sexual trauma survivor who testified for the need for abortion access for abuse victims during the special session. Had they spoken up sooner, the bill might be less restrictive, she believes. "It was cowardice and compromise. They compromised women's safety and the revictimization of girls and women," she said.

The two companies had multiple opportunities to publicly comment after Roe v. Wade was overturned June 24 and after lawmakers signaled they would further ban abortion at a special session they started July 25.

Yet they declined to sign onto two open letters opposing the ban that circulated in the business community. IndyStar published a story June 30 about a letter signed by about 60 businesses opposing abortion restrictions at the then upcoming special session that Holcomb had called.

Neither Lilly nor Cummins signed the letter. Neither did other large companies such as Roche, Salesforce and Rolls Royce. IndyStar reached out to those companies for statements at the time. In the IndyStar story, Lilly said it was not commenting. Cummins said the company had not yet taken a position on Roe being overturned by the Supreme Court.

Then the ACLU Of Indiana announced during a news conference July 21 that more than 250 businesses from 39 communities across the state opposed abortion restrictions. Again, Lilly, Cummins and other large companies did not sign the letter.

The absences were notable because large companies had previously taken public stances on racial equity, LGBTQ rights, and the Indiana's Religious Freedom Restoration Act.

Representatives from Lilly and Cummins also did not testify against the legislation at the Statehouse. A Cummins representative told IndyStar the company did share concerns with lawmakers before and during the special session, but did not provide more information when asked for details.

But hours after Holcomb announced Friday he signed the bill banning abortion except within the first 10 weeks for cases of rape and incest as well as for the long-term health and life of the mother, a spokesperson for Eli Lilly and Co., said the ban would hinder Lilly and Indiana's ability to hire skilled workers.

More:Here's what the Indiana abortion law does

“Lilly recognizes that abortion is a divisive and deeply personal issue with no clear consensus among the citizens of Indiana," spokesperson Molly Mccully in a statement. "Despite this lack of agreement, Indiana has opted to quickly adopt one of the most restrictive anti-abortion laws in the United States.

McCully also said law may hurt the company's ability to attract talent and the company will be forced to expand outside of Indiana. Yet in May, after the decision to reverse Roe v. Wade leaked, Lilly announced it would spend $2.1 billion to build two manufacturing sites in Boone County. By then, Indiana already had signaled it would restrict abortion should Roe be overturned.

"We intend to honor our current commitments to Indiana," McCully told IndyStar when asked about that project.

Cummins put out a lengthy news release Saturday after Holcomb had signed the ban.

"We are deeply concerned about how this law impacts our people and impedes our ability to attract and retain a diverse workforce in Indiana – concerns that we have voiced to legislators.... As we continue to grow our footprint with a focus on selecting communities that align with our values and business goals, this law will be considered in our decision-making process."

Lilly has long positioned itself as a business leader in Indiana. When Indiana caused national uproar by proposing a bill that could lead to LGBTQ discrimination, Lilly was one of the companies that led the business community in pushing back and ensuring protections for the LGBTQ community. When businesses went remote and starved out revenues for downtown businesses, Lilly CEO David Ricks stood with Mayor Joe Hogsett to announce its workers are moving back into the downtown office.

Cummins, similarly, has been vocal on social issues. After people flooded the street to protest the murder of George Floyd, Cummins issued a statement in support of racial equity. The company also signed a letter urging Hoosiers to get vaccinated to boost the state's vaccination rate.

Many took wait-and-see approach

Cummins and Lilly were among many large employers who were silent after the Supreme Court reversed the constitutional right to abortion, breaking with a trend among American businesses of speaking on issues ranging from LGBTQ rights to racial justice. Public relations expert said many companies are taking a wait-and-see approach on abortion, monitoring the opinions of the public, their employees and stockholders.

"Companies acting cautiously might explain the late responses from these two companies," said M.K. Chin, a professor of management at Indiana University Kelley School of Business. He cited a survey that showed abortion on the bottom of a list of social issues that people want leaders of companies to weigh in on.

That survey was from 2018, though, long before the Supreme Court's bombshell decision.

It's worth noting voters in Kansas, a Midwestern state similar to Indiana, overwhelmingly voted to protect abortion rights Aug. 2. That may have factored into the two companies decisions to speak out, said Anthony D'Angelo, professor of public relations at Syracuse University’s Newhouse School of Public Communications.

"That really took people aback," he said. "They weighed in so heavily for abortion rights."

Businesses like Lilly and Cummins are under pressure from employees to be active in the abortion fight, particularly Gen Z and Millennial employees who believe businesses have an obligation to speak out and overwhelmingly believe in abortion rights, D'Angelo said. Three-quarters of people ages 18-29 believe abortion should be legal in some or all case, according to a poll by the Pew Research Center. More than 60% of those ages 30-49 are in favor of legal abortion.

Companies, however, also have balance that pressure with the risk of backlash on hotly-contested issues and the need to preserve relationship with politicians who hold the power to regulate them, said Rochelle Ford, president of Dillard University and a public relations expert.

“They have to work with everybody because, at the end of the day, they want a government that is going to create policies and roles and governing laws that will (allow them) to run their business in the best way possible," Ford said.

Missed Opportunity

More and more, people expect companies to take a stand on social issues, D'Angelo said.

But there is risk involved in businesses weighing in on issues, as many can be controversial or companies can get caught up in what he calls “issue Whack-A-Mole.” “Every day there's going to be some controversial news item that comes up or somebody is going to ask you to weigh in,” D’Angelo said. “That is all you'll ever do, and you won't be very effective either because your responses will be fragmented, scattered all over the place."

But to business leaders and activists who have fought against the ban, the late response from the companies is a missed opportunity.

Kristin Kohn, owner of local gift shop Silver in the City, was at the Indiana Statehouse both weeks of the special legislative session on behalf of businesses against an abortion ban. She wished these statements came earlier.

“I think it would have been immensely more helpful for them to speak out while this was being debated at the statehouse and not after it became law,” Kohn said. “At this point the decision has been made and nothing more can be done."

This article originally appeared on Indianapolis Star: Lilly, Cummins waited until Holcomb signed abortion ban to speak out