The Multi-Trillion Dollar Opportunity

Want to be wealthier? Stop being a jerk-face to #women.

America has a multi-trillion dollar problem that just hit home for me. My daughter was sexually harassed by another student at school, and worse, the school didn’t protect her when they knew it was going on.

When examining why some economic agents like companies, churches and schools continue to protect sexual predators, I’ve come to realize that this problem is probably the single largest drag on the global economy (at least the largest I’ve ever seen) and that our legal system provides warped, perverse incentives that perpetuate this perversion.  The cost to our society of this broken system is staggering.  And yet society continues to look the other way to a situation that reminds me of the old story about the gardener and the rabbit. It goes something like this:

Once there was a gardener who woke up every morning to discover that a rabbit ate much of his crop the night before. He tried everything to get rid of it, but the clever rabbit eluded him night after night. Finally, in desperation, the gardener built a strong fence around his garden, even digging a portion underground, to keep the rabbit out. Supremely confident in his fine fence, he slept well that night, only to awake and discover that the rabbit ravaged his beautiful garden once again. He had fenced in the rabbit the day before.

Like the farmer, our tort laws regarding sexual harassment are fencing in the rabbit, and providing incentives to churches, schools and workplaces to protect harassers.

So, let’s look closer at the perverted incentives for schools, churches and companies (which I will call social agents). If a person commits sexual harassment, and if anyone at a social agent had any inkling that that person was a perv, then the social agent bears some liability for the perv’s actions since it was foreseeable that harassment would take place. However, social agents and individuals tend to want to see the best in people, so when perv’s do something pervy, we try to explain it as “we must have just misunderstood what he/she meant”. That is because we are nice.

Predators depend upon our kindness to do their dirty deeds. I’m not suggesting that we stop being nice, but I think how we respond to inappropriate behavior must change.

First, we need to speak up when boundaries are crossed and not care if we offend. If a man or woman in your office puts their hand on your back or shoulder, that is crossing the line. You don’t need to touch people to do most jobs, and should only do so when it is required as a part of your job description and, even then, minimize this as much as possible. There is no such thing as an OK sexual joke at the office (or at home for that matter). Grooming people by talking around the edges on mature subject matter is not subtle, it is blunt and we don’t like it. Stop doing it now. It’s time to grow up and start respecting people appropriately.

Second, in today’s Donald Trump school of management, tort laws provide cover to economic agents who pride themselves by saying that they are protecting innocent men from the wild accusations of an accuser when really, they are just protecting their bottom line. This encourages the victim blaming and cover-ups that we see in the news every freakin’ day. Current tort law “fences in the rabbit”, by providing companies legal incentives to align with predators to fight off harassment claims to avoid paying damages. Instead, we need to look at the REAL damages.

Social agents incorrectly assume that the biggest harassment cost they need to avoid is financial damage from lawsuits. This false belief encourages them to deny harassment claims and fend off harassment accusations with no thought to the emotional and personal cost to the victims. In fact, the far bigger expense is the economic loss of productivity and the broken lives of their employees, investors and customers due to their policies that fence in rabbits.

At the macroeconomic level, ranges of the GDP cost due to gender discrimination and harassment vary between 10% and 25%. Given that global GDP is around 78 trillion dollars, we’re talking about 8 to 20 trillion dollars in lost global income creation each year due to harassment and discrimination. In contrast, we fret about the billions of dollars we spend defending lawsuits from harassment. Our priorities are wrong.

Social agents only hedge these defensive costs with defensive expenditure: insurance coverage, harassment training for employees, lawsuit settlements and, if they’re super progressive, on-site counselors to help those affected by sexual harassment. However, I believe that the best defense is a good offense. Let’s do something to get the 20 trillion dollars, please.

I would like to call upon our elected officials to pass new tort laws to permit and encourage persons sexually harassed to work with social agents to pursue justice against sexual predators together. This can be done by permitting and encouraging churches, schools, and companies to sue their students and employees who harass, and recover damages commensurate with the social cost, the total social cost -not just the defensive expenses. It is time for pervs to pay up or smart up. In this way, social agents have an economic incentive to identify and root out sexual harassment because they will share the benefit of legal actions against those who harass. Harassers have an incentive to change their behavior, and the homes that foster future harassers have economic losses to incentivize them to change their ways.

What I hope you now understand is that sexual harassment is an economically expensive epidemic, and the emotional and psychological cost to our wives, daughters, and girlfriends is incalculably higher. So, let’s shift that expense to those who create it, and make it possible for our churches, schools and companies to recover damages from those who create the problems.

When groping results in the loss of your parents 401(k), maybe parents, clergy and managers will stop saying, “boys will be boys”, excusing Trumpian “locker room banter” and begin teaching proper respect for women. Furthermore, suing predators will become an effective way for social agents to capture the expenses they bear to treat harassment victims who often require special accommodation to cope with school and the PTSD or other problems harassment creates in their lives. Better yet, maybe my daughters will be able to live in a world where their contributions are valued by society and they can live without fear.

Furthermore, when we replace faux corporate hand-wringing and cringing with “ka-ching” whenever a crude joke is told in the office, and the offenders lose real money to their employers, people will stop telling crude jokes, putting inappropriate hands on backs, grooming victims and doing other macro-aggressions. No one is trying to stop appropriately asking out a coworker on a date, it just needs to be done the right way, don’t be a perv.

In short, it is time we make harassment the problem of the perpetrators, and enable our social institutions to go after them to the economic and emotional benefit of all. Enough is enough.

The Grim Economics of Death

40% of Medicare spending is in the last month of life. There is a better way.

Economics is called the dismal science because it is precisely the right tool to answer some of society’s most depressing problems. In today’s post, we’re going to look at the economics of dying, have an honest conversation about where we spend our health care dollars when addressing terminal illness, and look at the opportunity cost of end-of-life decisions. If you read far enough, you might just learn how you can change the world.

For starters, let’s address a few truths about health care spending at end-of-life.

First, and foremost, we are all going to die regardless of the quality of care we get. Death is a heartbreaking reality of life that cannot be avoided.

According to the Department of Health and Human Services, 40% of Medicare dollars are spent in the last month of life. Most of this spending is dedicated to curative therapies, in an attempt to “fix” the health problem that, ultimately, causes death. However, there is another option.

Palliative care, sometimes called hospice, means easing symptoms of illness as opposed to attempt to cure it.  Palliative therapies typically provide people comfort rather than aggressive therapies when faced with end of life illness. There are, literally hundreds of studies that demonstrate that this kind of care not only improves the quality of life when facing terminal disease, but it actually extends the life of persons who receive when compared to those who receive aggressive therapies. Furthermore, palliative care costs about 50% less than curative therapies for end of life illnesses, according to just about every blind study of the subject that was conducted in the past 8-10 years. In short, Americans spend a massive amount of money when diagnosed with terminal illnesses in what will, ultimately, be a futile attempt to live longer, and often in more painful circumstances, because we choose expensive and aggressive curative therapies instead of palliative care.

Please, don’t get me wrong here. I’m not looking to unplug anyone’s loved one from the respirator. All I’m saying is that there comes a time in everyone’s life when out of heartbreak and desperation we make the choice to suffer more, cut our lives short, and leave our families buried in medical debt when there is a better option available to most of us -but it isn’t necessarily the obvious one.

Perhaps it is time that we consider our end of life choices more carefully. Do we really want to continue spending large sums of money so that we can have, on average, shorter, more miserable lives? Why don’t doctors inform us about the reality of these choices?

I think part of the problem is that we, as a society, tend to believe that the more aggressive the health care, the better are our chances for survival. Furthermore, hospitals profit more from providing aggressive care, and doctors are positively recognized for their ability to perform more of these aggressive procedures, and not necessarily measured by the quality of life of their patents. The perceived leaders of the health care system have public reputation and profit incentives to try and cure you, even if statistically that is not very likely to happen and your suffering actually increases.

For this reason, Freakonomics author Stephen Dubner has proposed that we change the incentives when terminal illness is diagnosed, suggesting that insurance companies offer these patients a financial offer: to split the difference between their curative therapy cost and palliative care, opting to pay them a share of monies saved so that they could take a final vacation with the family, or in some other way enjoy their last days with additional financial resources to spend as they see fit, rather then undergo expensive curative treatment that statistically will fail and cut their already precious life short. This would appear to be a good way to extend life, on average, and enjoy that life more before it is gone.

I would like to suggest another option, one that may not be for everyone facing a terminal diagnosis: rather than pursue curative therapies or split the difference with your insurer, why not do something extraordinary for society, something dangerous but effective for social good. For example, why not volunteer to drive an ambulance in Syria to rescue children and women injured in the fighting?  Or, perhaps volunteer to do violence intervention and training on the south side of Chicago? Anyone care to volunteer to de-mine former conflict zones?  You’ll likely save some lives and do tremendous good. These are certainly worthwhile pursuits, often not pursued by those who expect and desire to live for a long time.  However, if you knew you had precious little time left, then what do you have to lose?

Risky and valuable behavior sometimes go hand in hand, and if humanitarian in nature, you can use what little time you have left to leave behind a world much better than you found it. You also leave behind a legacy of selfless service, right up to the end. It may sound crazy, but why not leave behind an amazing legacy of love, choosing to spend your final days saving those that the world forgets?

Of course, there is no judgement or easy answers here. Like most humanitarian questions, there is no clear calculus to make these decisions. However, with a better understanding of what really happens at the end of life, and better options for how we can spend those precious days, we can be better prepared to make the right choices for our families.