Malcolm Rivera
Unethical behavior in the workplace can manifest in various forms, including sexual harassment, employee theft, misuse of company time, and conflicts of interest. While some acts are explicitly unlawful, such as assault or stealing, other unethical behaviors may stem from confusion, high-pressure environments, or a desire to benefit the company. For instance, an employee may withhold negative information or cover up ethical violations to avoid potential harm to the company's reputation or sales. In the case of therapists, unethical behavior can include violating patient privacy, failing to disclose conflicts of interest, or providing services outside their area of competence. Ultimately, unethical behavior harms not only individuals but also entire organizations and society as a whole, highlighting the importance of fostering ethical conduct in the workplace.
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What You'll Learn
Therapists failing to disclose conflicts of interest
The therapist-client relationship is a sacred dynamic that must be handled with care and ethical considerations. Therapists have a "dominant" position over their patients, which presents a significant risk of harm. Thus, therapists must be vigilant in upholding their duty of care and avoiding any unethical behaviour.
A conflict of interest arises when a therapist's personal situation or relationship compromises their objectivity and potentially affects their professional judgment. This can include dual relationships, personal interests, and relationships with clients or third parties that could impact therapy. For example, a therapist may have a conflict of interest if they counsel a family member or friend, as they may not remain impartial and objective. Other instances include counselling someone with whom the therapist shares a social network or community involvement, providing both therapy and evaluation, or accepting gifts from patients. Therapists must be aware of their dual roles as business and medical professionals and ensure that their financial interests do not compromise their professional judgment.
Failing to disclose conflicts of interest can have legal and professional repercussions for therapists. Disclosure is the primary method to resolve such conflicts, and transparency is considered the golden rule. Therapists must assess the potential impact on client care and make decisions based on clinical and ethical judgment, always prioritising the client's interests. Strategies to manage conflicts of interest include hierarchical steps of review and authorisation, and prohibition. In some cases, therapists may refer clients to another professional to maintain objectivity and protect confidentiality.
To maintain ethical standards, therapists must be aware of their professional ethics codes and state regulations regarding conflicts of interest. They should also seek advice from mentors or professional organisations when navigating complex dual relationships, especially in small communities. Ultimately, effective management of conflicts of interest is crucial to protect clients' interests and ensure the therapist-client relationship remains uncompromised.
While therapists have a responsibility to disclose conflicts, there may be situations where they are unable to do so due to confidentiality concerns. In such cases, they are bound by law and ethics to protect their clients' privacy, and they may refer the client to another therapist without disclosing the specific nature of the conflict.
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Oversharing information or violating patient privacy
Oversharing information or violating a patient's right to privacy is considered unethical behaviour by therapists. Therapists hold a dominant position over their patients, and patients often share sensitive information with them in the belief that the therapist is a trusted authority. Therefore, it is the therapist's duty to respect the patient's right to privacy and not disclose any more information than is reasonably necessary.
Therapists must sometimes divulge certain information to authorities, but they should first inform the patient of important information, such as the circumstances under which they will have to share information with third parties. This is so that the patient can give informed consent. Disregarding the importance of therapist-patient privilege is unethical and can lead to a malpractice case.
In addition, therapists should be aware of any potential conflicts of interest and disclose these to the patient. This includes any personal relationships or gain that may interfere with their professional responsibilities. Failure to do so could result in a negligence case, with patients able to receive compensation for therapy costs, medical expenses, pain and suffering, lost income, or wrongful death-related losses.
Furthermore, therapists should not manipulate patients into continuing therapy if they are not benefiting, and they should be transparent about their billing practices and fees. Overbilling or billing for services not received is unethical and can lead to legal consequences.
Overall, therapists have a responsibility to respect their patients' privacy and provide them with all the necessary information to make informed decisions about their treatment. Violating this trust can have detrimental effects on the patient and the therapist may be held liable for any resulting harm.
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Sexual relationships with patients
The power dynamics between a therapist and a patient can create a ''dominant'' position for the therapist, which presents a great risk of harm to the patient. This power dynamic can endure beyond the termination of the clinical relationship, continuing to influence personal decision-making. Thus, even relationships with former patients are often considered unethical, especially if the therapist exploits the trust, knowledge, emotions, or influence derived from the previous professional relationship.
The early founders of psychoanalysis, such as Carl Jung, were known for their prolific discussions of both the harmful and allegedly beneficial aftermaths of such relationships. However, more recent scholarship has consistently described sexual relationships with patients as 'painful and inevitably traumatic' for all involved.
The Physiotherapy Board of New Zealand (2018) does not recommend sexual relationships with former patients but has no specific rules prohibiting them. In contrast, other professions, such as psychology, maintain that relationships with former patients are unethical due to the enduring power dynamics and potential for exploitation or undue influence.
Sexual relationships between therapists and patients can lead to serious consequences, including malpractice cases and disciplinary action. Therapists have a duty of care to their patients and must uphold ethical standards, including maintaining appropriate boundaries and prioritizing the patient's well-being.
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Providing unqualified services
In the business world, providing unqualified services can take the form of companies engaging in false advertising or deceptive marketing, misleading consumers and giving them an unfair advantage. For example, in 2009, Coca-Cola promoted its drink Powerade as having more electrolytes than its rival product, Gatorade, without scientific basis. This resulted in a lawsuit from Pepsi, highlighting the potential legal and reputational consequences of such actions.
Another example of unqualified services is when organisations allow unqualified individuals to perform tasks that require specific expertise, potentially compromising quality and safety. This was seen in the automotive industry, where unqualified inspectors were permitted to conduct final vehicle inspections, leading to recalls.
Furthermore, unqualified services can also be observed in the form of conflicts of interest, where personal gain or relationships interfere with professional responsibilities. This could involve hiring relatives despite their lack of qualifications, creating a disadvantage for other candidates and potentially compromising the organisation's effectiveness.
To prevent providing unqualified services, organisations should foster a culture of ethical decision-making. This includes setting clear goals and expectations, providing mentorship and training, and establishing accessible and effective reporting avenues for employees to voice concerns without fear of retaliation. By prioritising ethical behaviour, organisations can minimise harm and create a positive work environment.
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Overbilling or billing for services not rendered
In therapy, overbilling or billing for services not rendered is considered unethical conduct by the American Psychological Association (APA). Therapists have a duty to inform patients about billing practices and fees before providing treatment. Failure to do so can lead to a malpractice case. Similarly, in the dental industry, overbilling and billing for non-existent treatments are unethical practices that breach legal and ethical standards, damaging the dentist's reputation and integrity.
In business, unscrupulous companies may engage in predatory practices, such as overbilling or charging for undisclosed hours, which can harm small businesses financially and undermine trust. This unethical behaviour can have severe consequences, including financial strain, loss of contracts, heightened scrutiny from regulatory bodies, and even business closure.
To prevent overbilling or billing for services not rendered, professionals in various industries must adhere to ethical guidelines. For example, accountants, lawyers, physicians, and realtors are expected to disclose pricing and billing practices before providing services. Establishing clear and transparent contracts that outline the scope of work, payment terms, and billing procedures is essential for maintaining trust and avoiding unethical billing practices.
Additionally, maintaining detailed records of services rendered, hours worked, and agreed-upon rates is crucial for ensuring transparency and accountability. By recognising warning signs, such as sudden bill increases or discrepancies between agreed-upon rates and invoiced amounts, businesses can protect themselves from exploitation and unethical billing practices. Overall, unethical billing practices are detrimental to both providers and patients, increasing costs, damaging trust, and shaking confidence in the entire profession.
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Frequently asked questions
Unethical behavior refers to conduct when an individual, a professional, or a company does anything deemed inappropriate because it goes against social standards. Unethical behavior can cause harm to individuals, organizations, and society as a whole.
Unethical behavior in the workplace can take many forms, including:
- Employee theft or embezzlement
- Lying to colleagues or supervisors
- Misusing company time
- Accepting or giving favors that compromise impartiality
- Sexual harassment or inappropriate behavior
- Prioritizing personal gain over organizational goals
- Negligence or malpractice
In some cases, individuals may engage in unethical behavior with the intention of helping their company or client. For example, they may rationalize cutting corners, withholding negative information, or covering up ethical violations to benefit the company or client. However, these actions can still be considered unethical and may have legal repercussions.
Organizations can prevent unethical behavior by fostering a principled or benevolent ethical climate, clearly communicating core values and expectations, and implementing monitoring systems to detect and address wrongdoing.
If you witness or experience unethical behavior, it is important to report it to the appropriate authorities or seek legal advice. You may be able to pursue a malpractice case if you have been harmed by unethical behavior.
