Chapter Five Ethical and Legal Issues in Career Counseling

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Chapter FiveEthical and Legal Issues in Career
Counseling
Career Counseling Foundations,
Perspectives, and Applications edited by
David Capuzzi and Mark Stauffer

• Henry L. Harris
• Dennis W. Engels

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Definitions

• Morality is generally concerned with how we
  conduct ourselves and is based upon a personal
  value system heavy influenced by ones 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.

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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.
• (Websters, 1999, p 488)

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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)

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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

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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

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Ethics (Cont.)

1. Provide a framework in the ethical
   decision-making process when ethical dilemmas
   arise
2. Protect professionals delivering services from
   licensure board complaints and malpractice suits
   from consumers

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NCDA 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

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NCDA Ethics (Cont.)

1. 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

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NCDA 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

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NCDA Ethical Standards

• Section B Confidentiality, Privileged
  Communication, and Privacy
• Client rights and welfare
• Informed consent/confidentiality
• Multiple relationships
• Computer-related relationship issues

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NCDA Ethical Standards

• Section C Professional Responsibility
• Communication that is reliable, accurate,
• and open
• Qualified counselor and appropriate use
• Cultural competency
• Accurate representation

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NCDA Ethical Standards

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

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NCDA 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

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NCDA 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.

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NCDA 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

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NCDA Ethical Standards

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

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NCDA Ethical Standards

• Section 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

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NCDA Ethical Standards

• Section I Resolving Ethical Issues (cont.)
• When ethical dilemmas arise counselor should
• Identify and define the problem
• Consider the moral principles involved
• Become aware of feelings personally experiencing
• Consult with colleagues or experts in the field

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NCDA Ethical Standards

• Section I Resolving Ethical Issues (cont.)
• Include the client in the decision-making process
• Determine desired outcomes
• Consider possible actions that must be taken, and
  finally
• Make the decision and then act on it
• (Remley Herlihy, 2007).

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Legal and Ethical Complexities
Ethical and Legal Legal, Not Ethical
Ethical, Not Legal Not Legal, Not Ethical

Engels, Wilborn and Schneider (1990)
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Legal and Ethical Complexities

• Professional services that are not counseling
• Does a career counselor at a university
  counseling center who edits a students resume
  incur the same level of ethical accountability as
  would be incurred in career or mental health
  counseling?

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Needs in the Field of Career Counseling

• Lack of research pertaining to ethics and
  career development
• Social and professional advocacy

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Use of Legal Help

• Litigious society
• Sound legal help

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References

• American Counseling Association (2005). ACA code
  of ethics. Retrieved from http//www.counseling.or
  g/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 Websterss 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.
• Websters New World College Dictionary (4th eds).
  (1999). New York, NY Macmillan.