How to Identify Ethical Practices in Organizations Prior to Employment

Reported Effects of Noncompete Clauses on Practitioners in Applied Behavior Analysis

The purpose of the current study was to evaluate the reported impact of noncompete clauses (NCCs) on practitioners in the field of applied behavior analysis (ABA). Thirty-seven percent of respondents indicated they currently worked under a NCC, 33% reported working under one in the past, and 30% reported never working under one. Responses on the effects of NCCs on practitioners' personal and work lives were mixed. Some respondents reported benefits associated with working under an NCC such as increased pay and reduced commute. However, a concerning number of respondents reported being involved in litigation, having to partially or completely stop working in the field of ABA, having to turn away clients due to NCCs, or contemplating leaving the field altogether. Further, many owners reported using NCCs to protect trade secrets, to avoid losing clients, and reduce employee turnover. The impact of NCCs in ABA, the rights of employees and owners, and suggestions for potential solutions in the field are discussed.

Building a Social Justice Framework for Cultural and Linguistic Diversity in ABA

ABA may be uniquely positioned to have broader impacts with culturally and linguistically diverse (CLD) client populations, not only due to its growth and increased social acceptability, but also because a segment of the field practices within the education system. Decades of misinformation have potentially reduced the widespread reliance on learning pedagogies derived from behavior analytic research. Disseminating ABA technologies depends on an advocacy-based approach to close gaps from research-to-practice. Social justice is both an approach and a framework that can be integrated into our strategic planning for the field. This article describes how to apply social justice guidelines when working with CLD students and families. There are culturally relevant considerations that can be included in our research, training, and service delivery, in particular if we want the field to grow in a sustainable fashion. Behavior analysts must consider it an ongoing long-term objective to engage in culturally informed assessment, culturally and linguistically relevant intervention, culturally focused advocacy and collaboration with families, and use self-assessment of their cultural competence.

A Behavior-Analytic Perspective on Interprofessional Collaboration

Collaborative service delivery models have gained considerable popularity in health care, education, and clinical settings. Despite the unique opportunity that this new popularity provides for the dissemination of applied behavior analysis, the majority of practicing behavior analysts have received little or no formal professional development on how to participate in teams with nonbehavioral colleagues. The purpose of this article is to elucidate the larger movement toward collaborative service delivery with an emphasis on interprofessionalism. The four core competency domains presented by the Interprofessional Education Collaborative (IPEC) Framework are interpreted through a behavior-analytic lens. This article is an initial attempt to operationalize constructs commonly associated with interprofessional educational and collaborative practices including (but not limited to) cultural sensitivity and responsiveness, cultural humility and reciprocity, empathy, and compassion.

Cultivating the Ethical Repertoires of Behavior Analysts: Prevention of Common Violations

Violations of the Professional and Ethical Compliance Code for Behavior Analysts occur despite coursework, supervision, and training. In this discussion, we highlight the most common violation categories identified: (a) improper or inadequate supervision/delegation, (b) failure to report/respond to the Behavior Analyst Certification Board (BACB) as required, and (c) professionalism/integrity. The specific areas addressed under supervision/delegation involve behavior analysts' standards and performance as supervisors, as well as compliance with coursework. For failure to report, the focus is on responding, reporting, and providing updated information to the BACB in a timely manner. Finally, the section on professionalism and integrity addresses multiple code elements, including integrity, professionalism, and scientific relationships, as well as methods for promoting an ethical culture and decisions involving ethical violations by others. Importantly, we provide guidance on the structure and organization of supervision, methods and guidelines regarding reporting, and rubrics to shape and evaluate professionalism and integrity. We provide recommendations for the supervision process and for practitioners from the organizational perspective so that the organization supports and promotes an ethical culture.

Noncompete Clauses in Applied Behavior Analysis: A Prevalence and Practice Impact Survey

The field of applied behavior analysis (ABA) has grown substantially in the past decade. Behavior analysts seeking out new employment may have to weigh benefits such as pay, health care, and conditions of employment during negotiations. One condition of employment used in employment contracts is noncompete clauses (NCCs). NCCs are agreements between employers and employees that restrict the employee's ability to work in a specific field after employment ends. Although they can provide businesses with security, NCCs have the potential to impact how, when, and whom practitioners can serve after employment ends. Although NCCs and their effects have been studied in other fields, to our knowledge no analysis has occurred in the field of ABA. We surveyed 610 practicing behavior analysts to determine the prevalence of NCCs in the field of ABA and how respondents viewed the impact of NCCs on the field; one third (33.1%) of respondents indicated that their contract contained an NCC, and opinions on their potential impact were largely unfavorable. Results are discussed with regard to how NCCs can impact the growth of ABA, possible behavioral functions, possible alternatives to their use, and directions for future research.

Culture Always Matters: Some Thoughts on Rosenberg and Schwartz

The purpose of this paper is to draw attention to and highlight some particularly enlightening arguments described by Rosenberg and Schwartz (2019). First, I emphasize the importance of the role of culture in ethical analysis and describe how the Behavior Analyst Certification Board (BACB) Professional and Ethical Compliance Code for Behavior Analysts (2014; hereafter referred to as the BACB Code) unintentionally underplays the importance of culture. Second, I express support for the model of ethical analysis proposed by Rosenberg and Schwartz and explain how their model provides an excellent and much-needed framework for the observation (and subsequent study) of ethical decision-making in behavior-analytic practice. Finally, I go all in and join Rosenberg and Schwartz in their call for scholars to critically analyze and discuss the BACB Code and to challenge the status quo (or call into question those who do). Such a discussion is healthy for our science and understanding of ethics and behavior analysis.

A Call for Discussion About Scope of Competence in Behavior Analysis

The field of behavior analysis has defined its scope of practice through credentialing and licensure efforts. However, scope of competence in behavior analysis has received little discussion. Scope of competence refers to activities that the individual practitioner can perform at a certain criterion level (e.g., the functional analysis is conducted accurately and safely, a skill acquisition program includes critical program components and establishes accurate stimulus control). Given the successful efforts of behavior analysts in growth and recognition of the field, it is time for a robust conversation about scope of competence for the field of behavior analysis. This discussion can clarify how behavior analysts self-evaluate their own scope of competence and how they might expand their scope of competence if the needs of consumers require practitioners to expand into new areas.