Career Counseling:
Foundations, Perspectives, and Applications
edited by David Capuzzi and Mark Stauffer
Chapter Five
Ethical and Legal Issues in
Career Counseling
Henry L. Harris
Dennis W. Engels
Definitions
• 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 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 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
• 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?
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.)
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 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.)
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 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 Standards
Section B: Confidentiality, Privileged
Communication, and Privacy
Client rights and welfare
Informed consent/confidentiality
Multiple relationships
Computer-related relationship issues
NCDA Ethical Standards
Section C: Professional Responsibility
Communication that is reliable, accurate,
and open
Qualified counselor and appropriate use
Cultural competency
Accurate representation
NCDA Ethical Standards
Section D: Relationship with Other Professionals
Construct appropriate communication and
working relationships inside and outside
Consultation
Advocacy
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
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.
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
NCDA Ethical Standards
Section H: Research and Publication
Human subject guidelines
Competence and responsibility
Appropriate use and dissemination of data
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
NCDA 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 Standards
Section 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
Complexities
Ethical and Legal
Legal, Not Ethical
Ethical, Not Legal Not Legal, Not Ethical
Engels, Wilborn and Schneider (1990)
Legal and Ethical
Complexities
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
Counseling
Lack of research pertaining to ethics and
career development
Social and professional advocacy
Use of Legal Help
Litigious society
Sound legal help
References
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.
