Chapter FiveChapter FiveEthical and Legal Issues in Ethical and Legal Issues in

Career CounselingCareer Counseling

Henry L. Harris

Dennis W. Engels

Career Counseling: Foundations, Perspectives, and Applications edited by David Capuzzi and Mark Stauffer

DefinitionsDefinitions

• Morality is generally concerned with how we conduct ourselves and is based upon a personal value system heavy influenced by one’s culture (Remley & Herlihy, 2007).• Laws are agreed-on general or specific rules imposed by society typically in response to events or circumstances where society believes regulation is needed.

Ethics Ethics

Ethics can be variously defined as “… the study of standards of conduct and moral judgment; moral philosophy, … the system or code of morals of a particular person, religion, group, profession, etc.”

(Webster’s, 1999, p 488)

Ethic Ethic

Ethic can be variously defined as

“… a set of moral principles,… rules of conduct governing a particular group, …moral principles, as of an individual: His (her) ethics forbade cheating…”

(Random House, 1999, p. 453)

Ethics and Associations Ethics and Associations • American Counseling Association (2005) Code of Ethics• National Board for Certified Counselors (1991) Code of Ethics • American Psychological Association (2003). Ethical principles of psychologists and code of conduct• National Career Development Association (2007) Ethical Standards• National Association of Social Workers (2008) Code of Ethics

Why Ethics? Why Ethics? 1. Protect public consumers and improve

delivery of services

2. Promote accountability and stability of the organization by enforcing established standards

3. Educate members about what is considered desired ethical conduct

Ethics (Cont.)Ethics (Cont.)

4) Provide a framework in the ethical decision-making process when ethical dilemmas arise

5) Protect professionals delivering services from licensure board complaints and malpractice suits from consumers

NCDA EthicsNCDA Ethics

1) Support the mission of NCDA

2) Define ethical practices and behaviors expected of association members

3) Serve as a guide to help those receiving career-related services understand their rights and responsibilities

4) Make clear to all members and those served the nature of commonly prescribed ethical responsibilities

NCDA Ethics (Cont.)NCDA Ethics (Cont.)

5. Serve as guide to fully help members promote the core values of the profession and also assist them in developing a professional course of action that will most effectively serve individuals using career services

NCDA Ethical StandardsNCDA Ethical Standards

Section A: The Professional Relationship Accountability Responsibilities and expected behaviors Guiding principles Respect of culture Personal issues and impact on clients Service to clients

NCDA Ethical StandardsNCDA Ethical Standards

Section B: Confidentiality, Privileged Communication, and Privacy

Client rights and welfare Informed consent/confidentiality Multiple relationships Computer-related relationship issues

NCDA Ethical StandardsNCDA Ethical Standards

Section C: Professional Responsibility Communication that is reliable, accurate,

and open Qualified counselor and appropriate use Cultural competency Accurate representation

NCDA Ethical StandardsNCDA Ethical Standards

Section D: Relationship with Other Professionals Construct appropriate communication and working relationships inside and outside Consultation Advocacy

NCDA Ethical StandardsNCDA Ethical Standards

Section E: Evaluation, Assessment, and Interpretation

Qualified counselor and appropriate use Rules related to assessment instruments Use caution with results and interpretation Test security and integrity

NCDA Ethical StandardsNCDA Ethical Standards

Section F: Use of the Internet in Career Services

Videoconferencing may be the most appropriate format. (Some are HIPPA Compliant.) Impact of culture on Internet use Informed consent and confidentiality are key issues for online counseling.

NCDA Ethical StandardsNCDA Ethical Standards

Section G: Supervision, Training, and Teaching Oversee client welfare and supervise services Awareness of limitations Receive specific training Cultural competence Expected levels of knowledge Communicate both the risks and benefits of interventions

NCDA Ethical StandardsNCDA Ethical Standards

Section H: Research and Publication Human subject guidelines Competence and responsibility Appropriate use and dissemination of data

NCDA Ethical StandardsNCDA Ethical StandardsSection I: Resolving Ethical Issues

Ethical Dilemma—a conflict that requires a decision or action from among two or more morally acceptable courses of action

Career Coaching Career Development Facilitators Appropriate credentials

NCDA Ethical StandardsNCDA Ethical Standards

Section I: Resolving Ethical Issues (cont.)

When ethical dilemmas arise counselor should:

1. Identify and define the problem

2. Consider the moral principles involved

3. Become aware of feelings personally experiencing

4. Consult with colleagues or experts in the field

NCDA Ethical StandardsNCDA Ethical StandardsSection I: Resolving Ethical Issues (cont.)

5. Include the client in the decision-making process

6. Determine desired outcomes

7. Consider possible actions that must be taken, and finally

8. Make the decision and then act on it (Remley & Herlihy, 2007).

Legal and Ethical Legal and Ethical ComplexitiesComplexities

Ethical and Legal

Legal, Not Ethical

Ethical, Not Legal

Not Legal, Not Ethical

Engels, Wilborn and Schneider (1990)

Legal and Ethical Legal and Ethical ComplexitiesComplexities

Professional services that are not counseling

Does a career counselor at a university counseling center who edits a student’s resume incur the same level of ethical accountability as would be incurred in career or mental health counseling?

Needs in the Field of Career Needs in the Field of Career CounselingCounseling

Lack of research pertaining to ethics and career development

Social and professional advocacy

Use of Legal HelpUse of Legal Help

Litigious society

Sound legal help

ReferencesReferences

American Counseling Association (2005). ACA code of ethics. Retrieved from http://www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx.

Engels, D.W., Wilborn, B. L., & Schnieder, L. J. (1990). Ethics curricula for counselor preparation programs. In Ethical Standards Casebook (pp. 111-126). Alexandria: VA: American Association for Counseling and Development.

National Career Development Association. (2007). National career development association ethical standards. Retrieved October 25, 2010, from http://www.ncda.org/about/poles.html.

Random House Websters’s College Dictionary (6th ed). (2000). Random House, NY: Random House Inc.

Remley, T. P., & Herlihy, B. (2007). Ethical, legal, and professional issues in counseling (2nd ed). Upper Saddle River, NJ: Pearson Prentice Hall.

Webster’s New World College Dictionary (4th eds). (1999). New York, NY: Macmillan.