Ethical, Legal, and Professional Standards in Assessment Essay Paper

Ethical, Legal, and Professional Standards in Assessment Essay Paper

Ethical, Legal, and Professional Standards in Assessment Essay Paper

In this paper, two case scenarios have been analyzed with consideration of ethical legal, and professional standards of practice. The analysis of each case scenario has followed Corey, Corey, Corey, and Callanan’s Ethical Decision-Making model containing eight steps based on an ethical counselor’s perspective.

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Case 1

“A graduate-level mental health professional with no training in career development is giving interest inventories as she counsels individuals for career issues. Can she do this? Is this ethical? Professional? Legal? If this professional happened to be a colleague of yours, what, if anything, would you do?”

Ethical Decision-Making Model

1. Identify the problem or dilemma

The graduate-level mental health professional does not meet the professional requirements in giving career advice, given his lack of training in career development. She however goes ahead and counsels people on career issues.

2. Identify the potential issues involved

Due to a lack of training in career development, the graduate-level mental health professional may end up giving bad advice to clients. The clients on the other hand will end up taking the bad advice and facing direct consequences since they will believe that the professional is giving career advice because she is well-trained in the field (Grover et al., 2022).

3. Review the relevant ethical guidelines

In the American Counselling Association Code of Ethics, Sections C.2.A Professional Competence- Boundaries of Competence, counselors are required to practice within their professional boundaries based on their education, supervisory experience, training, state of practice, and national professional credentials (Grover et al., 2022). The graduate-level mental health professional violated this code of ethics by giving career advice with no training or educational background in career development.

4. Know the applicable laws and regulations

The laws governing professions and occupations vary across different states in America. In Delaware, under “Chapter 30 of Title 24 of the Delaware Code”, section 2.0 Licensure for Professional Counselors of Mental Health (LPCMH),  all practitioners who practice without attaining a license in their field of practice shall constitute a ground for discipline (Delaware Code Online, n.d.).

5. Obtain consultation

I will consult the matter with my supervisor to determine the most appropriate course of action (Grover et al., 2022).

6. Consider possible and probable courses of action

Upon consulting the issue with my supervisor, I will get to know the consequences that the graduate-level mental health professional will face for providing services outside her scope of practice (Grover et al., 2022). The supervisor will then determine whether the counselor should continue giving career advice, and whether or not to inform the patient about the bad advice given.

7. Enumerate the consequences of various decisions

If no action is taken, and the graduate-level mental health professional continues to give career advice, the client may end up making mistakes with inventory and come to realize later on that the advice given was wrong. When the issue is disclosed to superior authorities, the graduate-level mental health professional may end up suffering the consequences of violating the relevant code of ethics, and laws (Grover et al., 2022). She might even end up losing her license. The client will however be able to consider a counselor with appropriate career development training for good advice.

8. Decide on what appears to be the best course of action

The best course of action is to report the issue to the supervisor. The supervisor will be able to save the client from the situation and recommend a different counselor with the necessary qualifications and training in career development who will give good advice (Grover et al., 2022). The graduate-level mental health professional will be reassigned from the client and advised to seek additional training and the educational requirement to be able to give career advice.

Case 2

“During the taking of some routine tests for promotion, a company learns that there is a high probability that one of the employees is abusing drugs and is a pathological liar. The firm decides not to promote him and instead fires him. He comes to see you for counseling because he is depressed. Has the company acted ethically? Legally? What responsibility do you have toward this client?”

Ethical Decision-Making Model

1. Identify the problem or dilemma

The company’s routine test for promotion depicted a high probability of the employee consuming drugs and being a pathological liar. Despite the lack of enough proof to confirm this claim, the company goes ahead to dismiss the employee anyway.

2. Identify the potential issues involved

There is a possibility of a wrongful termination lawsuit  (Galvin, 2019). The company does not have enough evidence to prove that the employee actually uses drugs or is a pathological liar.

3. Review the relevant ethical guidelines

Under Section A.7.a and b, of the American Counselling Association’s Code of Ethics, a counselor can advocate for a client who has been wrongfully terminated from his employment, with their consent  (Galvin, 2019). The counselor will be able to help the client talk with the employer and request the findings of the tests taken, or proof of why he should be fired. As s counselor, I could also help the client acquire representation for a wrongful termination lawsuit, which will help the company consider his termination.

4. Know the applicable laws and regulations

Based on The Freedom of Information Act, the client has the right to information concerning any tests that were conducted with him as the subject  (Galvin, 2019). He should be able to countercheck the findings of the tests done, and either agree or disagree with adequate reason. The test can only be used against the client only when he is guilty.

5. Obtain consultation

I will consult with my supervisor, and find out whether it would be appropriate to advocate for the client and help him consider a wrongful termination lawsuit  (Galvin, 2019).

6. Consider possible and probable courses of action

With my supervisor go ahead, I will advise the client to confirm the legitimacy of his termination by requesting the tests and findings that led to his dismissal (Cottone et al., 2021). With the client’s consent, I will advocate for him, and help with filing a wrongful termination lawsuit.

7. Enumerate the consequences of various decisions

If I ignore the client’s situation and focus on managing his depression, he will still suffer the consequences of being treated unfairly, which will worsen his mental health (Cottone et al., 2021). However, if I advocate for the patient, then he might end up filing a wrongful termination lawsuit, which might push the company to reconsider his termination.

8. Decide on what appears to be the best course of action

Advising the client on the need to follow up on the reasons behind his termination and advocating for him to consider filing a wrongful termination lawsuit is the best cause of action, as the company might reconsider his termination, and rehire him  (Galvin, 2019). This will help alleviate his depressive symptoms.

References

Cottone, R. R., Tarvydas, V. M., & Hartley, M. T. (2021). Ethics and decision making in counseling and psychotherapy. Springer Publishing Company.

Delaware Code Online. (n.d.). Delcode.delaware.gov. https://delcode.delaware.gov/title24/c030/sc02/index.html

Galvin, D. (2019). From Labor Law to Employment Law: The Changing Politics of Workers’ Rights. Studies in American Political Development, 33(1), 50-86. doi:10.1017/S0898588X19000038

Grover, S., Avasthi, A., & Nischal, A. (2022). Ethical and legal issues in psychotherapy. Indian Journal of Psychiatry, 64(7), 47. https://doi.org/10.4103/indianjpsychiatry.indianjpsychiatry_50_21

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• Review the five cases.
• Select two of the cases.
• Complete the eight steps from the Ethical Decision-Making Model for each case you chose. Take the point of view of what YOU need to do as an ethical counselor, and consider ALL perspectives in the situation, not just one person’s perspective.
• In two pages each, identify the case you selected and include your responses to the eight steps of the model for each case.
• Use proper APA style and formatting, including citations.
• Review the Assignment Rubric for additional criteria.

Case 1: A graduate-level mental health professional with no training in career development is giving interest inventories as she counsels individuals for career issues.Can she do this? Is this ethical? Professional? Legal? If this professional happened to be a colleague of your’s, what, if anything, would you do?

Case 2: During the taking of some routine tests for promotion, a company learns that there is a high prob-ability that one of the employees is abusing drugs and isa pathological liar. The firm decides not to promote him and instead fires him. He comes to see you for counsel-ing because he is depressed. Has the company acted ethically? Legally? What responsibility do you have toward this client?

Case 3: An African-American mother is concerned that her child may have an attention deficit problem. She goes to the teacher, who supports her concerns, and they go to the assistant principal requesting testing fora possible learning disorder. The mother asks if the child could be given an individual intelligence test that can screen for such problems, and the assistant principal states, “Those tests have been banned for minority stu-dents because of concerns about cross-cultural bias.”The mother states that she will give her permission for such testing, but the assistant principal says, “I’m sorry, we’ll have to make do with some other tests and with observation.” Is this ethical? Professional? Legal? If you were a school counselor or school psychologist and this mother came to see you, what would you tell her?

Case 4: A test that has not been researched to show to be predictive of success for all potential graduate stu-dents in social work is used as part of the program’s admission process. When challenged on this by a poten-tial student, the head of the program states that the test has not been shown to be biased and the program uses other, additional criteria for admission. You are a member of the faculty at this program. Is this ethical? Professional?Legal? What is your responsibility in this situation?

Case 5: An individual who is physically challenged and wheelchair bound applies for a job at a national fast-food chain. When he goes in to take the test for amid-level job at this company, he is told that he cannot be given this test because it has not been assessed for its predictive ability for individuals with his disability.You are hired by the company to do the testing. What is your responsibility, if any, to this individual and to the company?

Ethical Decision Making Model:

1. Identify the problem or dilemma

2. Identify the potential issues involved

3. Review the relevant ethical guidelines

4. Know the applicable laws and regulations

5. Obtain consultation

6. Consider possible and probable courses of action

7. Enumerate the consequences of various decisions

8. Decide on what appears to be the best course of action

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Rubric:

1. Responsiveness: Did the student respond to the assignment? …The extent to which work includes the required components and integration of learning resources.

Thoroughly addressed all required components of the assignment with a well-developed submission that exceeds expectations and includes reference to and integration of the learning resources. Posts exceed requirements of the Discussion instructions (e.g., respond to the question being asked; go beyond what is required [i.e., incorporates additional readings outside of the assigned Learning Resources, and/or shares relevant professional experiences]; are substantive, reflective, and refers to Learning Resources demonstrating that the student has considered the information in Learning Resources and colleague postings).

2. Critical Thinking, Analysis, and Synthesis: Is the student able to make meaning of the information? …The extent to which mastery of knowledge is demonstrated relative to the learning objective.

Demonstrated understanding and integration of course content to the extent that the learning objective was mastered. Posts demonstrate the student’s ability to apply, reflect, AND synthesize concepts and issues presented in the weekly Learning Objectives. Student has integrated and mastered the general principles, ideas, and skills presented. Reflections include clear and direct correlation to authentic examples or are drawn from professional experience; insights demonstrate significant changes in awareness, self–understanding, and knowledge.

3. Professionalism of Writing: Does the student meet graduate level writing expectations? …The extent to which the submission demonstrated quality and professionalism.

Submission was extremely organized, concise, well-articulated, and professional. Posts meet graduate–level writing expectations (e.g., are clear, concise, and use appropriate language; make few errors in spelling, grammar, and syntax; provide information about sources when paraphrasing or referring to it; use a preponderance of original language and directly quote only when necessary or appropriate). Postings are courteous and respectful when offering suggestions, constructive feedback, or opposing viewpoints.