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NFL Admits Game’s Link to Concussion Risk

football

After years of denying that the game of football could have caused degenerative brain disease in some players, the National Football League has finally admitted there is a link connecting the game to chronic traumatic encephalopathy (CTE). According to the New York Times:

Representative Jan Schakowsky, Democrat of Illinois, asked during a round-table discussion about concussions whether “there is a link between football and degenerative brain disorders like CTE,”

Jeff Miller, the NFL’s senior vice president for health and safety policy, said, “The answer to that is certainly, yes.” His response signaled a stunning about-face for the league, which has been accused by former players and independent experts of hiding the dangers of head injuries for decades.

Miller’s comments were backed the next day by league spokesperson Brian McCarthy. Miller’s answer may actually help the NFL, as “It could make it harder in the future for a player to accuse the league of concealing the dangers of the sport,” the Times said.

“Strategically, the NFL’s admission makes a world of sense,” Jeffrey A. Standen, dean of the Chase College of Law at Northern Kentucky University, told the Times. “The league has paid a settlement to close all the claims previous to 2015. For future sufferers, the NFL has now effectively put them on notice that their decision to play professional football comes with the acknowledged risk of degenerative brain disease.”

While CTE has been found in former players, the NFL has for decades denied the danger, even after researchers with Boston University announced in 2014 that, in autopsies of 79 brains of former NFL players, 76 tested positive for CTE. A report in 2003 by the Center for the Study of Retired Athletes at the University of North Carolina found a connection between concussions and depression among former professional football players.

According to a 2007 UNC study, Recurrent Concussion and Risk of Depression in Retired Professional Football Players:

Our observed threefold prevalence ratio for retired players with three or more concussions is daunting, given that depression is typically characterized by sadness, loss of interest in activities, decreased energy, and loss of confidence and self-esteem. These findings call into question how effectively retired professional football players with a history of three or more concussions are able to meet the mental and physical demands of life after playing professional football.

The NFL has directed millions of dollars to research of CTE and head trauma and it gave $45 million to USA Football to promote safe tackling and reassure parents that football’s risks can be mitigated through on-field techniques and awareness, the Times said.

What is Your Reputation Worth?

“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.” – Warren Buffett

For Volkswagen, the second largest auto manufacturer in the world, it took 78 years to build its reputation and one day to lose it. Volkswagen Group has about 340 subsidiary companies. It has operations in 150 countries, including 100 production facilities. The company sells passenger cars under the Audi, Bentley, Lamborghini and Porsche brands, and motorcycles under the Ducati brand.

VW admitted installing software in diesel cars to dupe emissions control tests byVW making them test cleaner than they actually were—even using this information in their marketing campaign to promote these cars. Unfortunately for them, in 2014 a team of researchers at West Virginia University ran separate tests both in the lab and on the road and to their surprise the road tests showed 40 times more emissions. After 14 months of denials VW admitted they had installed “defeat” software that detected when the car’s emission system was being monitored in the lab and altered the results.

As a result of the fallout, the company’s CEO resigned, criminal charges were filed, and losses are estimated to be in the billions.

No one will know for sure how much this lapse in judgment will cost Volkswagen in the long run. It makes you wonder who made the decision to cheat. Was it just one engineer, or a team of engineers? How far up the chain of command did it go? Did the CEO know? It doesn’t matter because he was forced to resign and the damage had been done.

This is yet another example of the need to add reputational risk to our list of risk issues. Damage to a firm’s reputation can result in lost revenue, increased operating cost, regulatory costs and destruction of shareholder value (VW stock was down 37% two days after they admitted cheating). It can also be triggered by an adverse or potentially criminal event, even if the company is not found guilty. Adverse events that are typically associated with reputation risk include ethics, safety, security, sustainability, quality and innovation. Reputational risk can also be a matter of corporate trust.

This damage is not always limited to one company and often embroils others. Just ask former employees of Arthur Anderson. The company, founded in 1913, was formally one of the big five accounting firms until it was found guilty of criminal charges in its handling of the auditing of Enron, an energy, commodities, and services company based in Texas. Arthur Anderson managed the firm he founded until his died in 1947. He had a reputation of being a committed supporter of high standards in the accounting industry; and was known for his honesty and his argument that an accountant’s responsibility was to investors, not their clients’ management. According to employees, during the early years an executive from a local utility approached Andersen to sign off on accounts containing flawed accounting, or else face the loss of a major client. Andersen refused without thinking twice, replying that there was “not enough money in the city of Chicago” to make him do it. For many years, Andersen’s motto was “Think straight, talk straight.” If the Arthur Anderson auditors had followed the advice of its founder, however, they might still be around today.

As for Enron, before its bankruptcy in 2001 the company employed about 20,000 staff and claimed revenues of nearly $111 billion during 2000. Fortune magazine named it “America’s Most Innovative Company” for six consecutive years. But eventually top executives Jeff Skilling and Ken Lay were convicted of securities fraud and other charges.

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Lay died before serving any prison time, while Skilling received a 24-year sentence and could be released as early as 2017.

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The fallout hit their employees hard and cost many of them their 401(k) retirement. This prompted congress to change the laws to limiting ownership of company stock in 401(k)’s, and perhaps was the catalyst for Sarbanes-Oxley legislation.

An effective approach to managing reputational risk is to address it before, during and after a crisis. Crisis management will be critically important in handling major reputation problems. It begins with identifying risks and putting controls in place to limit the damage.

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All this needs to be done before a crisis hits, rather than developing a crisis management strategy when your back is against the wall—a good offense is the best defense. So make sure your “blind side” is well-protected. While protecting your company’s reputation and brand can be challenging, being prepared is critical.

Why You Need a Vendor Management Policy Right Now

In recent years, more and more cybersecurity incidents have taken place as a result of insecure third-party vendors, business associates and contractors. For example, the repercussions of the notorious Target breach from a vulnerable HVAC vendor continue to plague the company today. With sensitive data, trade secrets and intellectual property at risk, hackers can easily leverage a third party’s direct access into a company’s network to break in.

While such incidents may cause significant financial and reputational harm to the first-party business, there is hope.

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Regulators are instating a growing number of legal requirements that an organization must meet with respect to third-party vendor riskcybersecurity management. As liability and regulations take shape, it is important to assess whether your company currently employs a vendor risk management policy, and, if not, understand how a lack of due diligence poses significant risk on your organization’s overall cybersecurity preparedness.

A vendor management policy is put in place so an organization can tier its vendors based on risk. A policy like this identifies which vendors put the organization most at risk and then expresses which controls the company will implement to lessen this risk. These controls might include rewriting all contracts to ensure vendors meet a certain level of security or implementing an annual inspection.

All this probably sounds pretty good, but you may still be wondering why you really need a vendor management policy—and why it’s urgent.

Here are four explanations to give you a better idea:

  1. Legal Liability

There are a growing number of legal requirements in a variety of sectors—from finance, to retail, to health care, to energy—on how companies should manage their third-party risk. Regulators have recognized that data breaches through third parties can present significant and sometimes catastrophic consequences to an organization. To deal with this risk, they have created various legal requirements in an effort to have organizations manage their third-party cyber risks more carefully. If you are in a regulated industry and do not currently have a vendor management policy, you could be out of compliance (and in a lot of trouble).

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  1. Well-Known Risks

An organization should be concerned about third parties that have either access to their most sensitive data or direct access into their corporate network. So if you work with a lot of third parties, you are naturally creating more targets that hackers and criminals can exploit. This is becoming more common, as organizations are outsourcing to vendors more frequently in an effort to either save costs or capitalize on vendor expertise. While that is all well and good, the more vendors you have, the larger risk landscape you create. This is a well-known risk—but all too many companies don’t give it enough thought.

  1. Unknown Risks

Not all risks are easily understandable. Many organizations today have entered into business relationships with third parties, not fully understanding the risk to their data. What’s more, the first party may not have set requirements for how their vendors should secure their data.

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A number of organizations struggle to even know who has access to their sensitive data, how much access they have, where it resides, and more. These unknowns give plenty of companies a valid reason for concern.

  1. Significant Consequences

To see how very real the consequences of not managing vendor policy are, simply read some of the latest cybersecurity headlines. An example that demonstrates the significant impact of a third-party breach is the recent Experian breach, which exposed the personally identifiable information of over 15 million consumers. In this case, Experian was holding loads of sensitive T-Mobile customer data, which hackers were able to access. The T-Mobile CEO John Legere expressed how furious he was at Experian for being the source of this compromise. Nothing has been stated yet, but we’re certain that this business partnership will be reevaluated after this experience.

The truth is that if you don’t have a vendor management policy in place today, your company is falling behind the times. Unfortunately, not having such a policy in place also means there is a good chance that your organization’s sensitive data is being handled by someone who shouldn’t have access to it. This puts the health of your entire company on the line.

New York City Mandates Bathroom Access Consistent with Gender Identity

transgender bathroom accessThis week, New York City Mayor Bill de Blasio signed an executive order requiring city agencies to ensure all employees and members of the public can use the restrooms or locker rooms consistent with their gender identity, protecting transgender and gender non-conforming individuals from discrimination in public facilities.

“Every New Yorker should feel safe and welcome in our city—and this starts with our city buildings,” de Blasio said. “Access to bathrooms and other single-sex facilities is a fundamental human right that should not be restricted or denied to anyone. New York City is proud to enforce one of the strongest human rights laws in the country, which protects the rights of transgender and gender non-conforming individuals to live freely and with respect.”

Under the new measure, effective immediately, individuals will not have to provide identification or other proof in order to access bathrooms at any city-owned building, including city offices, public parks, playgrounds, pools, recreation centers and certain museums. It does not require agencies to build single-stall restrooms or locker rooms, though as OSHA noted over the summer in its guidelines on provisions for transgender employees, access to single-occupancy gender-neutral facilities is a safe, easy way to ensure compliance with workplace safety and nondiscrimination policies.

Ensuring a safe and compliant workplace for transgender employees is an increasingly urgent concern for risk managers of public entities and private enterprise alike. The OSHA guidelines, executive orders issued by President Barack Obama, and other emerging guidance from labor-related agencies make clear that federal and state governments are issuing more protections for transgender individuals, and the enforcement actions and reputational damage pose significant risk.

As I reported in the September issue of Risk Management, the president’s April executive order banned federal contractors who do more than $10,000 a year in federal business from discriminating on the basis of sexual orientation or gender identity. Such federal contractors employ more than 20% of the American workforce—28 million workers. The Office of Personnel Management has issued a comprehensive guide for these entities to best ensure that they are compliant and treating all employees with dignity and respect while preventing discrimination in the workplace.

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OPM also called for all federal agencies to review their anti-discrimination policies as well.

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In addition to restroom access, other issues addressed—and likely to face increasing scrutiny—include employment practices such as hiring and promotion, and the consistent use of preferred pronouns, the subject of a recent EEOC ruling against the Department of the Army.

“One of the encouraging things we’re seeing is that people are not waiting for the laws to change,” said Victoria Nolan, risk and benefits manager at Clean Water Services, who draws upon both her professional background and personal experience to offer private consulting services on transgender and diversity issues in the workplace. “There are companies that are being proactive. In some cases, for example, companies that are functioning in multiple states realize that it is extremely difficult to have a variety of offices and just comply with state law, so they are starting to look at the probable end results and move in that direction now.”

While many issues regarding transgender rights continue to spark controversy in legislatures across the country, almost all of the nation’s 20 largest cities have state or local laws allowing transgender people to use bathrooms corresponding to their gender identity. As CBS reported, Houston voters debated—though ultimately defeated—an ordinance that would have established nondiscrimination protections for gay and transgender people, while just last week, South Dakota’s governor vetoed a bill that would have made the state the first in the U.S. to approve a law requiring transgender students to use bathrooms and locker rooms that match their sex at birth rather than their gender identification.

Following our previous coverage, “Developing a Strategy for Transgender Workers,” there will also be a hot topic session of the same name at the upcoming RIMS Annual Conference and Exhibition in San Diego. Led by Victoria Nolan and employment attorney Liani Reeves, the session will take place on Monday, April 11.