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

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Ethics for the Employee Assistance
ProfessionalA Discussion in Three Acts

• Bernard E. Beidel, M.Ed., CEAP
• Director, Office of Employee Assistance
• U.S. House of Representatives
• ValueOptions
• September 24, 2009

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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

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Todays 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 ethics toolkit
• Proposed revisions to EAPAs Code of Ethics

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Ethicsa few takes

• The world has achieved brilliance without
  conscience. Ours is a world of nuclear giants and
  ethical infants.
• - Omar Bradley (1949)

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Ethicsa 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 mans ethical
  behavior.
• - Charlie Chaplin (1964)

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Ethicsa 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)

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Ethicsa 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)

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Ethicsa few takes
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Ethicsa few takes
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EthicsPurpose of Professional Codes

• Practitioner Behavior and a Professions
  Identity
• A professions identity is built upon the
  cumulative effect of the practitioners behavior

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EthicsPurpose 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

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EthicsYour Perspective

• How do you define ethicsor an ethical
  situation?

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EthicsYour Perspective

• How do you know when you are dealing with an
  ethical dilemma or situation?

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Ethicsa Definition (two more formal elements)

• Ethics is the discipline concerned with the
  evaluation of human conductthat is, with
  determining that which is right or wrong about
  human choices (the study and development of ones
  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

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Ethicsa 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

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Ethicsa 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

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Inherent challenges

• Disagreements on ideals
• Disagreements on definitions and facts
• Disagreements on appropriate behaviors or the
  application of ones ideals
• Focused on absolute or universal truth vs. the
  consequences of ones actions
• Examples?

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and the Resulting Distinctions, or Tensions

• Law vs. ethics
• Conduct vs. internalized principles
• Compliance vs. integrity
• Individual vs. organization micro vs. macro

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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

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Where Have We Come From

• Our emergence as a profession, largely
  experienced basedand 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?

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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)

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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

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EAP definition (EAPA 2003)

• the work organizations resource that utilizes
  specific core technologies to enhance employee
  and workplace effectiveness through prevention,
  identification and resolution of personal and
  productivity issues.

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EAP Core Technology (Roman Blum, 1985)

1. Identification of employees behavioral problems
   based on job performance issues
2. Provision of expert consultation to supervisors,
   managers, and union stewards on how to take the
   appropriate steps in utilizing employee
   assistance policies and procedures

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EAP Core Technology (contd)

• 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)

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EAP Core Technology (contd)

• 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)

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EAP Core Technology (contd)

• 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

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EAP Core Technology (contd)

• 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

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Expansion of EAP services
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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?

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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

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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

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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

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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

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Act II October 8, 2009

• Exploring Ethical Decision-Making Processes
• Codes of ethics or professional conduct
• Consider several decision-making models and
  methodologies

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Act III November 12, 2009

• Experiencing the Decision-Making Process
• Ethical dilemmas
• Issues or dilemmas
• bern.beidel_at_att.net
• 202-225-2400