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Ethics for the Employee Assistance Professional: A Discussion in Three Acts

Ethics for the Employee Assistance Professional: A Discussion in Three Acts. Bernard E. Beidel, M.Ed., CEAP Director, Office of Employee Assistance U.S. House of Representatives ValueOptions September 24, 2009. Focus of Three Acts.

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Ethics for the Employee Assistance Professional: A Discussion in Three Acts

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  1. Ethics for the Employee Assistance Professional:A Discussion in Three Acts Bernard E. Beidel, M.Ed., CEAP Director, Office of Employee Assistance U.S. House of Representatives ValueOptions September 24, 2009 B. Beidel – 9.24.2009

  2. Focus of Three Acts • Act I - Today: General Introduction to Ethics and EAP Ethics • Act II (October 8, 2009): Exploring Ethical Decision-Making Processes • Act III (November 12, 2009): Experiencing the Decision-Making Process B. Beidel – 9.24.2009

  3. Today’s goals… • To provide some background to the general consideration of ethics and particularly its application in the EA field • To consider some of the fundamental elements that comprise a framework for EA ethics • To review some initial recommended elements for an “EA ethic’s toolkit” • Proposed revisions to EAPA’s Code of Ethics B. Beidel – 9.24.2009

  4. Ethics…a few takes: “The world has achieved brilliance without conscience. Ours is a world of nuclear giants and ethical infants.” - Omar Bradley (1949) B. Beidel – 9.24.2009

  5. Ethics…a few takes: “Man is an animal with primary instincts of survival. Consequently, his ingenuity has developed first and his soul afterwards. Thus the progress of science is far ahead of man’s ethical behavior.” - Charlie Chaplin (1964) B. Beidel – 9.24.2009

  6. Ethics…a few takes: “When Socrates and his two great disciples composed a system of rational ethics they were hardly proposing practical legislation for mankind… They were merely writing an eloquent epitaph for their country.” - George Santayana (1905) B. Beidel – 9.24.2009

  7. Ethics…a few takes: “A lively and lasting sense of filial duty is more effectually impressed on the mind of a son or daughter by reading King Lear, than by all the dry volumes of ethics, and divinity, that were ever written.” - Thomas Jefferson (1771) B. Beidel – 9.24.2009

  8. Ethics…a few takes: B. Beidel – 9.24.2009

  9. Ethics…a few takes: B. Beidel – 9.24.2009

  10. Ethics…Purpose of Professional Codes Practitioner Behavior and a Profession’s Identity: A profession’s identity is built upon the cumulative effect of the practitioner’s behavior B. Beidel – 9.24.2009

  11. Ethics…Purpose of Professional Codes The Fundamental Tenets: • Foster good (benevolence) • Do no harm • Resolve controversial issues • Result in a decision and solution Codes of ethical conduct date back to at least 400 B.C. – Hippocratic Oath B. Beidel – 9.24.2009

  12. Ethics…Your Perspective • How do you define “ethics”…or an ethical situation? B. Beidel – 9.24.2009

  13. Ethics…Your Perspective • How do you know when you are dealing with an ethical dilemma or situation? B. Beidel – 9.24.2009

  14. Ethics…a Definition (two more formal elements) • Ethics is the discipline concerned with the evaluation of human conduct…that is, with determining that which is right or wrong about human choices (the study and development of one’s ethical standards) – the moral element • The principles/standards of conduct governing an individual or a profession (standards supported by consistent and well-founded reasons) – the mark of a profession – the normative element B. Beidel – 9.24.2009

  15. Ethics…a Definition (a simpler approach) • An ethical dilemma is the collision of two moral values (noble vs. noble; or noble vs. ignoble) where benefit or harm to another may result: • Based on choice rather than mandate • Based on the facts of the situation at hand • Leading to and requiring a decision B. Beidel – 9.24.2009

  16. Ethics…a Definition (a simpler approach) • A set of principles to which one aspires or • A set of prescriptions whose primary function is to keep one out of trouble B. Beidel – 9.24.2009

  17. Inherent challenges… • Disagreements on ideals • Disagreements on definitions and facts • Disagreements on appropriate behaviors or the application of one’s ideals • Focused on absolute or “universal” truth vs. the consequences of one’s actions Examples? B. Beidel – 9.24.2009

  18. …and the Resulting Distinctions, or Tensions • Law vs. ethics • Conduct vs. internalized principles • Compliance vs. integrity • Individual vs. organization – micro vs. macro B. Beidel – 9.24.2009

  19. The EAP Challenges Along the Way… • Expansion of the EAP service delivery continuum • Erosion of our foundation and our unique frame of reference • Emerging technologies • The continuing challenge of proving our value and the blurring of “EAP” for our customers and consumers • Growing complexity of ethical dilemmas • The formation and development of the EA professionals of the future B. Beidel – 9.24.2009

  20. Where Have We Come From… • Our emergence as a profession, largely experienced based…and made up of multiple disciplines • The role of the EAP Core Technology (our unique “body of knowledge”) • The development and continuing evolution of our Professional Standards • Certification of EA professionals • The evolving “model(s)” of EA service delivery • Other current and future influences on our ethical landscape? B. Beidel – 9.24.2009

  21. And Some Additional Considerations on the Ethics Landscape… • EAP accreditation – from practitioner focus (certification) to program focus • Technological advances and related challenges (e.g. telephone counseling, Internet, etc.) • Impact of “integrated” service delivery models, where EA is often part of a larger network of services • Privacy and confidentiality issues not specific to EA practice (e.g. HIPAA) • Further regulatory developments • Health Savings Accounts (HSAs) • Knox-Keene Act (California) B. Beidel – 9.24.2009

  22. Our “EAP History and Tradition” (Courtesy of Paul Roman, 2003 OPCA conference) • Alcoholism focus – 1940s • Influence of AA, NCAE, Yale Center for Alcohol Studies • Critical role of NIAAA – 1970s • Diminished program authority of NIAAA, NIDA and NIMH – 1980s • Services expand in new directions – 1980s – 1990s • Programs driven more by employers, and less by profession B. Beidel – 9.24.2009

  23. EAP definition(EAPA 2003) “…the work organization’s resource that utilizes specific core technologies to enhance employee and workplace effectiveness through prevention, identification and resolution of personal and productivity issues.” B. Beidel – 9.24.2009

  24. EAP Core Technology(Roman & Blum, 1985) • Identification of employees’ behavioral problems based on job performance issues • Provision of expert consultation to supervisors, managers, and union stewards on how to take the appropriate steps in utilizing employee assistance policies and procedures B. Beidel – 9.24.2009

  25. EAP Core Technology(cont’d) 3. Availability and appropriate use of constructive confrontation (unique to the workplace) 4. Micro-linkages with counseling, treatment and other community resources (for management of the individual case) B. Beidel – 9.24.2009

  26. EAP Core Technology(cont’d) 5.The creation and maintenance of macro-linkages between the work organization and counseling, treatment and other community resources (bringing the workplace and providers together to address the unique needs of the workplace) B. Beidel – 9.24.2009

  27. EAP Core Technology(cont’d) 6. The centrality of employees’ alcohol problems as the program focus with the most significant promise for producing cost savings for the organization in terms of future performance and reduced benefit use B. Beidel – 9.24.2009

  28. EAP Core Technology(cont’d) • The evaluation of employee success in EA utilization primarily on the basis of job performance adequacy • This dimension added in 1990 as a “mirror image” of the first element of the “core technology” – the identification of employee behavioral problems on the basis of job performance B. Beidel – 9.24.2009

  29. Expansion of EAP services… B. Beidel – 9.24.2009

  30. 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? B. Beidel – 9.24.2009

  31. 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 professional’s role • Assures the profession that the practices of the members will not be detrimental to its purpose or function • Assures society of the profession’s regard for social and moral expectations • Offers the professional some grounds for safeguarding his/her own privacy and integrity B. Beidel – 9.24.2009

  32. 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 client’s and the public’s trust and faith in members of the profession • Identifying desirable conduct between and among professionals B. Beidel – 9.24.2009

  33. 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 B. Beidel – 9.24.2009

  34. Ethics is… • Not about law, or about policy • Not judgmental, or about the imposition of personal values (although personal values are often critical to one’s ethical decision) • Not merely a set of lofty principles which, although noble in theory, are impossible to practice B. Beidel – 9.24.2009

  35. Act II – October 8, 2009 Exploring Ethical Decision-Making Processes • Codes of ethics or professional conduct • Consider several decision-making models and methodologies B. Beidel – 9.24.2009

  36. Act III – November 12, 2009 Experiencing the Decision-Making Process • Ethical dilemmas • Issues or dilemmas: bern.beidel@att.net 202-225-2400 B. Beidel – 9.24.2009

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