Following the U.S. Supreme Court’s ruling on Dobbs vs. Jackson Women’s Health Organization in June – which overturned Roe vs. Wade, triggering a domino effect that could limit access to abortion and other reproductive care procedures in nearly two dozen states – the Brewers Association (BA) has published a guide to help its members navigate the healthcare ramifications in affected states and support employees.
“Providing human resource programs for independent craft brewers to help run their businesses better is critical for longevity and success in the industry and is a key initiative for the Brewers Association,” a BA spokesperson told Brewbound. “Recognizing the range of brewery operations and sizes is vast, our goal is to educate our members on a wide range of human resource issues – everything from recruiting and hiring to retaining their work forces and having effective meetings, to topics that may not have been considered until recent current events.”
The resource, which was posted on August 3, has been well-received. BA human resources partner Holly Haslam, BA board member and Fibonacci Brewing owner Betty Bollas and Colorado-based employment attorney Chuck Passaglia co-authored the guide.
“Members have responded positively to this resource and all our new HR resources,” the spokesperson said.
With abortion access no longer protected nationwide, people seeking the procedure may need to travel hundreds of miles to be treated in a state where it remains legal. The BA offered the following recommendations for its members to add to their medical benefit plans:
- “Paid sick leave,
- Relief funds for travel and procedure related expenses,
- Increased Health Savings Account (HSA) contributions to aid with medical and travel expenses,
- Added coverage for abortion inducing medications,
- Providing PTO to access reproductive care,
- Increased support through an Employee Assistance Program (EAP),
- Increased coverage for mental health care.”
Asked if the BA offers similar support to staff, a spokesperson told Brewbound the organization “has a robust healthcare program in place to support its employees.”
To address other needs that may arise as a result of the Dobbs ruling, the BA recommended members “evaluate medical benefits as they relate to other areas of health inequities, including:
- Access to substance abuse and mental health resources,
- Access to family planning resources, including out-of-state travel for fertility procedures (i.e., IVF),
- Out-of-state treatments for other medical ailments (i.e., cancer treatment).”
The BA recommended that member breweries consult an attorney or other legal advisor before making changes to internal policies. If breweries offer travel benefits to employees who need to visit another state for care, the BA cautioned that “employees are legally protected from consequences for obtaining procedures such as abortion, however, sharing of this information can create unintentional bias on the employers’ part.
“Employers are encouraged to consider state-based rules and evaluate potential civil and criminal liability as well as reputational impact,” the BA continued.
Abortion rights have been the third rail in American society for decades, despite a majority of residents (61%) saying the procedure should be legal in all or most cases, according to the Pew Research Center. Last week, 59% of Kansas voters rejected a proposed constitutional amendment to curtail abortion rights in the state. Still, the BA couched the topic as something breweries may not want to discuss.
“Some breweries may choose to take a position and others may choose not to,” the BA wrote. “There are considerations for both options.”
Before making a statement, the BA cautioned members to clarify “where your company stands on the issue, and what action, if any, you will take in support of that position,” and “acknowledge those affected.”
“Consider how this change in access to reproductive care will impact members of your team and other company stakeholders, including members of your community,” the BA wrote. “This decision is likely to impact women, men, and families regarding their options for contraception, fertility treatment, and other health-related benefits. It is also likely to have an emotional impact on women that may no longer have the same level of personal autonomy, depending on where they reside.”
The 10 states that outright ban abortion access (Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Texas, Wisconsin, according to the New York Times’ tracker) have 1,153 craft breweries within their borders, according to the BA’s state stats. There are 790 craft breweries in the four states (Georgia, Ohio, South Carolina and Tennessee) that ban abortion after six weeks – often before some people discover they are pregnant.
Employees at breweries in those states may need to travel for treatments, as might employees of breweries with teams spread across multiple states.
Craft Brewers Voice Support
In addition to the BA, several craft breweries have shared statements detailing their plans to support employees in need of reproductive care, including New Belgium Brewing and Bell’s Brewery, which issued twin statements on LinkedIn.
“As an employer, we care deeply about ensuring our coworkers and their families can pursue healthy, prosperous, and full lives,” the statements read. “Providing equal access to high-quality health and wellness resources for our coworkers has always been a central part of our approach to business. It’s the right thing to do, and it has also been a key element of our success over three decades.”
The Lion Little World Beverages-owned breweries specified that their “benefits program includes coverage for medically necessary and voluntary abortions at 100%, with no employee cost share.”
“In addition, we will cover our coworkers’ expenses for out-of-state transportation and lodging required for necessary medical services that are not available closer to home,” they said.
Five days after the Dobbs ruling, Newport, Oregon-headquartered Rogue Ales announced five that it had made “immediate internal changes,” according to Instagram.
“Along with our current policy allowing additional paid time off for activism, we have created a travel fund for our employees and their partners who are unable to receive medical procedures including abortion and gender-reaffirming surgeries where they live,” Rogue said.
Rogue released a beer named F*#K SCOTUS at its six pubs and donated 100% of proceeds to to the Northwest Abortion Access Fund, which supports people in need of abortions in Alaska, Idaho, Oregon and Washington.
On August 18, Aurora, Colorado-based Lady Justice Brewing will host Flowers for Abortion Funds, a flower arrangement class with Denver-based florist Herrin Hall that will raise money for the Colorado Doula Project. Participants have the option of donating their floral arrangement to area abortion providers.