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Ethics for the Employee Assistance Professional: Act II

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Ethics for the Employee Assistance Professional: Act II Bernard E. Beidel, M.Ed., CEAP Director, Office of Employee Assistance U.S. House of Representatives – PowerPoint PPT presentation

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Title: Ethics for the Employee Assistance Professional: Act II


1
Ethics for the Employee Assistance
ProfessionalAct II
  • Bernard E. Beidel, M.Ed., CEAP
  • Director, Office of Employee Assistance
  • U.S. House of Representatives
  • ValueOptions
  • October 8, 2009

2
Focus of Three Acts
  • Act I (September 24, 2009) General Introduction
    to Ethics and EAP Ethics
  • Act II Today Exploring Ethical Decision-Making
    Processes
  • Act III (November 12, 2009) Experiencing the
    Decision-Making Process

3
Why an ethical code?
  • Purpose (Charles M. Beem, M.Div., MA, CAC)
  • Provides a position on standards to assist
    members of the profession
  • Helps clarify the professionals role
  • Assures the profession that the practices of the
    members will not be detrimental to its purpose or
    function
  • Assures society of the professions regard for
    social and moral expectations
  • Offers the professional some grounds for
    safeguarding his/her own privacy and integrity

4
Why an ethical code?
  • Functions (Charles M. Beem, M.Div., MA, CAC)
  • Protecting clients
  • Providing guidance to professionals
  • Insuring the autonomy of professionals
  • Increasing and enhancing the prestige of the
    profession
  • Increasing the clients and the publics trust
    and faith in members of the profession
  • Identifying desirable conduct between and among
    professionals

5
Ethics is
  • Based on choice rather than mandate
  • Contingent on a specific set of facts and often
    situational
  • Examples confidentiality management referrals
    proprietary information and products
  • Derived from experience (reasonable person)
  • Considerate of others interests
  • Different from morality alone

6
Ethics is
  • Not about law, or about policy
  • Not judgmental, or about the imposition of
    personal values (although personal values are
    often critical to ones ethical decision)
  • Not merely a set of lofty principles which,
    although noble in theory, are impossible to
    practice

7
but often generates the resulting Distinctions
or Tensions
  • Law vs. ethics
  • Conduct vs. internalized principles
  • Compliance vs. integrity
  • Individual vs. organization micro vs. macro

8
and results in the following Four Common Types
of Dilemmas
  • Truth vs. loyalty
  • Individual vs. community
  • (micro vs. macro)
  • Short-term vs. long-term
  • Justice vs. mercy

9
The Touchstones for EA Ethical Practice
  • EAP core technology
  • Professional standards of practice, e.g. EAPA,
    EASNA
  • Program accreditation standards, e.g. COA, CARF,
    others
  • EAPA Code of Ethics
  • EACC Code of Professional Conduct
  • Other professional codes of conduct, e.g. EASNA,
    NASW, APA, etc.
  • Laws, regulations, company and EAP policies
  • Others?

10
Act II October 8, 2009
  • Exploring Ethical Decision-Making Processes
  • Codes of ethics or professional conduct
  • Consider the proposed revisions to EAPAs Code of
    Ethics
  • Consider several decision-making models and
    methodologies

11
EAPA Code of Ethics
  • More generic in nature
  • Interface with the EAPA Standards
  • Areas of focus
  • Professional Competency
  • Professional Conduct
  • Confidentiality
  • Conflict of Interest
  • Consumer Protection
  • Business Practices
  • Public Responsibility
  • Electronic Communication and Record Keeping

12
Proposed 2009 Revision to EAPA Code of Ethics
  • Preamble Codes of Ethics Purpose
  • Ethical Principles promotion of high standards
  • Service
  • Beneficence
  • Fidelity
  • Integrity
  • Respect for clients rights
  • Competence

13
Proposed 2009 Revision to EAPA Code of Ethics
(contd)
  • Areas of focus
  • Responsibility to colleagues and other
    professionals (e.g., impairment or incompetence
    of colleagues responsibility to supervisees and
    interns)
  • Responsibility to employees as clients (e.g.,
    informed consent privacy and confidentiality
    referrals sexual conduct)
  • Responsibility as professionals (e.g., boundaries
    of competence)
  • Responsibility to employers or work organizations
    (e.g., contracting truthfully accuracy in
    reporting utilization billing pricing and rate
    setting)
  • Responsibility in conducting research (e.g.,
    informed consent reporting results)
  • Responsibility to vendors and providers (e.g.,
    selection, contracting and pricing conflict of
    interest)
  • Responsibility to the Employee Assistance
    profession and broader society (e.g., public
    statements concerning the EA field and/or EAPA
    advertising)

14
EACC Code of Professional Conduct
  • More specific than the EAPA Code of Ethics
  • Specific protocol to lodge a complaint with the
    EACC and for the actions of the EACC
  • Two primary focuses
  • Section 1 Client Bill of Rights
  • Section 2 Code of Conduct

15
EACC Code of Professional Conduct (contd)
  • Section 2 Code of Conduct
  • Responsibility
  • Competence
  • Moral and Legal Standards
  • Confidentiality
  • Responsibility to Colleagues
  • Research, Measurement Evaluation
  • Professional Representation
  • Consulting

16
EASNA Code of Professional Conduct
  • Very detailed and specific
  • Areas of focus
  • Competence
  • Misrepresentation
  • Public Statements
  • Clients Informed Consent
  • Relation with the Client
  • Confidentiality and Anonymity
  • Client Records
  • Withdrawal of Services

17
EASNA Code of Professional Conduct (contd)
  • Areas of focus (contd)
  • Referrals
  • Relationship with other Practitioners and
    Professionals
  • Personal Relationship and Activities
  • Business Practices
  • Pricing/Billing
  • Reporting
  • Marketing and Sales
  • Policies and Procedures for Processing Ethical
    Complaints

18
Ethical Conduct in EAP
  • Personal conduct
  • Professional conduct - business
  • Conduct in relation to clients

19
Ethical Conduct Personal
  • Violating community standards of law/morality
  • Alcohol and drug abuse
  • Self-care
  • Use of knowledge from professional role for
    personal gain

20
Ethical Conduct Professional
  • Boundaries of competence
  • Representation of credentials and capabilities
  • Referral and follow-up practices
  • Withdrawal of service
  • Fiduciary relationships no fraud or kick-backs
  • Proprietary information and products

21
Ethical Conduct Clients
  • Confidentiality
  • Management of mandatory referrals
  • Documentation
  • Informed consent
  • Client self-determination
  • Sexual relationships

22
Focusing on the right question
  • It appears to me that in Ethics, as in all
    other philosophical studies, the difficulties and
    disagreements, of which history is full, are
    mainly due to a very simple cause namely, to the
    attempt to answer questions without first
    discovering precisely what question it is which
    you desire to answer.
  • - George Edward Moore (1903)

23
Focusing on the right question
24
De-mystifying our professional ethics (Finding
a framework for making ethical decisions)
  • Option A EAPAs Ethical Decision-Making Model
    (Ethical Dilemmas in Workplace Counseling A
    Casebook / Jeffrey P. Christie Marilyn Rumsey)
  • 1. What is the potential ethical issue in this
    situation?
  • What are the competing values or interests? (x
    vs. y)
  • What are your personal values on this issue and
    which ones are in conflict?
  • Are there any ethical guidelines (e.g. laws,
    corporate policies, codes of ethics, practice
    standards, etc.) that apply to this issue?

25
EAPAs Ethical Decision-Making Model (contd)
  • 2. Who are the stakeholders (any individual or
    group impacted by the decision e.g.
    corporation/organization, employee, family
    members, other individuals, public, yourself)?
  • What are the corporate consequences or rewards?
  • What are the financial consequences or rewards?
  • What are the job consequences or rewards?
  • What are the key variables that would cause you
    to respond differently?

26
EAPAs Ethical Decision-Making Model (contd)
  • 3. Describe the environment in which this issue
    takes place (e.g. oppressive, supportive, etc.).
  • 4. List all possible choices of action.
  • Which choices benefit the client?
  • Which choices benefit the sponsoring
    organization?
  • Which choices benefit you?
  • Which choices benefit society?
  • 5. Which choice is the most ethically feasible?
  • 6. Make your decision.

27
De-mystifying our professional ethics (Finding
a framework for making ethical decisions)
  • Option B Workplace Ethical Decision-Making
    (Ethical Dilemmas in Workplace Counseling A
    Casebook / Diana C. Dale, D.Min., LMFT)
  • 1. What are the facts of the case?
  • 2. Who are the constituencies involved
    (stakeholders, interested parties, etc.)?
  • 3. What are your perceived obligations to each
    stakeholder?
  • 4. What principles come into play in this
    situation? What are the major issues?
  • 5. What balance do you perceive? What is most
    important? What is the cost?

28
Workplace Ethical Decision-Making (contd)
  • 6. What are the options or alternatives? Are
    there creative solutions that may have been
    overlooked?
  • 7. Given your system of beliefs (ethics) and the
    beliefs you hold in highest esteem (values), what
    do you think you ought to do in this situation?
    What would your peers say you ought to do in this
    situation?
  • 8. What concrete actions will you most likely
    pursue and why?

29
De-mystifying our professional ethics (Finding
a framework for making ethical decisions)
  • Option C An alternate Decision-making
    Framework (Markkula Center for Applied Ethics at
    Santa Clara University)
  • 1. Recognize a moral or ethical issue
  • Could the decision be damaging to someone or some
    group?
  • Does the decision involve a choice between a good
    and bad alternative, or perhaps two goodsor
    two bads?
  • Does the issue go deeper than what is legal? If
    so, how?

30
Markkula Center for Applied Ethics (contd)
  • 2. Get the facts
  • What are the relevant facts of the
    case/situation?
  • What facts are not known? Can I learn more? Do I
    know enough to make a decision?
  • What individuals/groups have an important stake
    in the outcome?
  • What is at stake for each?
  • What are the options for acting?
  • Have all the relevant individuals/groups been
    consulted?

31
Markkula Center for Applied Ethics (contd)
  • 3. What individuals/groups have an important
    stake in the outcome?
  • What is at stake for each of them?

32
Markkula Center for Applied Ethics (contd)
  • 4. Evaluate the alternative actions from various
    moral perspectives
  • Which option does most good, and least harm?
    (utilitarian)
  • Which option respects the rights and dignity of
    all stakeholders? (rights)
  • Will everyone be treated fairly or equally?
    (fairness/justice)
  • Which option best serves the community? (common
    good)
  • Which option deepens or develops the virtues or
    character traits that we value as
    individuals/profession/society? (virtue)

33
Markkula Center for Applied Ethics (contd)
  • 5. Make a decision and test it
  • Considering these perspectives, which option best
    addresses the situation?
  • If you told someone you respect why you chose
    this option, what would they say?
  • Would you like to see it on 60 Minutes?
  • How would your mother react to your decision?
  • An act has no ethical quality whatever unless it
    is chosen out of several all equally possible.
  • - William James (1890)

34
Markkula Center for Applied Ethics (contd)
  • 6. Act, then reflect on the decision and outcome
  • How can the decision be implemented with the
    greatest care and attention to the concerns of
    stakeholders?
  • If you had to do it over again, what, if
    anything, would you do differently?
  • How did the decision turn out and what have we
    learned from this specific situation?
  • What information, if you had it, might cause you
    to change your action?

35
De-mystifying our professional ethics (Finding
a framework for making ethical decisions)
  • Option D Charles L. Beem Ethics and the EAP
    Manager
  • 1. Decide the parameters of the situation.
  • 2. Define the potential issues involved.
  • 3. Evaluate the rights, responsibilities and
    welfare of the affected parties.
  • 4. Consult the guidelines, if any, already
    available that might apply to the resolution of
    each issue.
  • 5. Generate the alternate decisions possible for
    each issue.

36
Charles L. Beem Ethics and the EAP Manager
(contd)
  • 6. Enumerate the consequences of making each
    decision.
  • 7. Present any evidence that the various
    consequences or benefits resulting from each
    decision will actually occur.
  • 8. Make a decision.
  • 9. Assume responsibility for the consequences of
    the decision/action, including correcting any
    negative consequences, or re-engaging in the
    decision-making process if the ethical issue is
    not resolved.

37
So, in short, consider the following as you work
through your dilemmas
  • Facts / issues
  • Stakeholders
  • Environment / context of dilemma
  • Options / alternatives
  • Most ethically feasible choice
  • Decide
  • Act / review

38
So, where do our ethical issues or situations
come from?
  • Confidentiality problems
  • Issues of informed consent
  • Exploitation of clients
  • Conflicts of interest/loyalty conflicts
  • Personal behavior/conduct/competence of EA
    professional
  • Business practices/fiduciary relationships
  • Whistle-blowing
  • Others?

39
And finallywhat is the future of EA ethics?
  • Our personal stake in the future of our
    profession
  • Academic preparation balanced with that vital
    on-the-job experience
  • Mentoring as a critical ethical development
    function
  • Internships
  • CEAP advisement
  • Our personal and ongoing ethical tune-up

40
Some personal thoughts
  • Ethical dilemmas are best solved through a group
    process
  • The ethical decision-making model/ framework
    provides a route through the ethical maze
  • What would your mother think or do in this
    situation?
  • Are you willing to have your decision exposed to
    the light of day? (the 60 Minutes principle)

41
What did you think of today?
42
Act III November 12, 2009
  • Experiencing the Decision-Making Process
  • Ethical dilemmas and scenarios to work through
  • Some further resources/references
  • Issues or dilemmas for consideration
  • b.beidel_at_att.net
  • 202-225-2400
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