B. Beidel – 9.24.2009 1

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

Bernard E. Beidel, M.Ed., CEAPDirector, Office of Employee AssistanceU.S. House of Representatives

ValueOptionsSeptember 24, 2009

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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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

Ethics…a 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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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)

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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)

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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)

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Ethics…a few takes:

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Ethics…a few takes:

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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

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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

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Ethics…Your Perspective

How do you define “ethics”…or an ethical situation?

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Ethics…Your Perspective

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

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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

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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

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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

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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?

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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 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?

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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 organization’s 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 (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)

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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)

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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

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EAP Core Technology (cont’d)

7. 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 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

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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 client’s and the public’s 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 one’s ethical decision)

Not merely a set of lofty principles which, although noble in theory, are impossible to practice

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@att.net202-225-2400

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