Case Studies Impact of Social Media 10/20/13: Final The following nine case studies were developed by the Academy/CDR Committee as a result of a FNCE session done on this topic in 2012. The purpose of these case studies is to create a discussion about the impact of social media on the work of the RDN, DTR and other food and nutrition practitioners. These case studies can be used by educators with students and interns or by clinical nutrition managers with their staff members or by a district president with local members. If you have any feedback on the case studies presented or you have a new scenario for consideration by the Committee, please send an email to knowledge@eatright.org.
Case Study #1 Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of An intern applicant posted negative remarks on Facebook about an internship for which she had applied. The negative comments were focused on the policy for professional dress as an intern. After the director saw the comment, the student was not selected for the internship. It appears to be both an ethical and legal issue. However, there are two considerations that are paramount in this case and in other cases like this: 1. Was the negative comment the reason why the individual was not selected to that internship? 2. How did the director access the information? Was it in the public domain or was it accessed through another venue? From a legal perspective, one would need to consider if the information was legally obtained and was it a lawful use of the information and from an ethical perspective, was there a failure to implement Fundamental Principle # 1 and/or # 19. Note: Student members of the Academy must adhere to the Code of ; however, students who are not members are not subject to adherence to the Code. All students enrolled in an ACEND Accredited DPD Program are educated about the Code and it application. Fundamental Principles # 1 and #19. Principle #1: The dietetics practitioner conducts him/herself with honesty, integrity, and fairness. Principle #1 relates to the Academy s value of integrity and addresses attributes and behaviors that should characterize all professionals, including students who are preparing to become dietetics professionals. This speaks to the integrity of both the student with regard to information posted and to the internship director with regard to how the information was accessed as well as how the information was used. Principle #19: The dietetics practitioner demonstrates respect for the values, rights, knowledge, and skills of colleagues and other professionals. Principle #19 relates to the importance of adhering to the Code of including postings on social media. Considerations related to this principle suggest an assessment of the location of the information: How was the information used? Was information on a public site? Was the content of the information posted respectful and applicable to the application process? Key Points to Consider Students or interns who are members of the Academy are expected to adhere to the Code of and this includes postings on social media. Internship directors must adhere to the Code of and serve as models for the students/interns. Printed 11/5/2013 Page 2 of 20
Consider that information on Facebook is considered to be public domain and available for viewing. Consideration of what is posted, where it is posted along with how is the information accessed and how is that information utilized. Legal Implications: If the information was publically available, the intern applicant would have very little legal protection here. The rights to free speech are not as broad and generally would not apply in this case. There are Two Exceptions: The National Labor Relations Act, which protects certain employee comments about employers, even when made publically; and Whistle Blower laws, which protect certain statements exposing unlawful acts. For more information about these exceptions, it would be prudent to consult with legal counsel. Also note that federal and state laws prohibit unauthorized access to certain information stored or transmitted electronically. Accordingly, employers should be very careful to access online material only if they are authorized to do so. Ethical Implications: A lack of respect for the value of integrity and professional behaviors seems evident in this situation. Postings on Facebook may have long term negative implications since once the post is made, the originator no longer has control over who views it or how it is used. The situation noted in this case study may create an abundance of questions regarding the details of the post itself along with the location of the posted information (public or private pages), and how the information was even found. In particular, this case is a reminder to both the applicant and the internship director of the importance of careful training and use of social media and the options available for posting and accessing posts or tweets. It is important to remember that once information is electronically posted, it is available to anyone to read. Resources: Fornari A. in Action: Promoting professionalism through ethical behaviors in the academic setting. J Am Diet Assoc. 2004; 104:347-349. Baunstein N. in Action: Ethical issues for students. J Acad Nutr Diet. 2012; 112:1253-1254. Helm J. in Action: Ethical and legal issues related to blogging and social media. J Acad Nutr Diet. 2013; 113:688-690. Ayers E Opinion: The impact of social media on business and ethical practices in dietetics. J Acad Nutr Diet. In press. Printed 11/5/2013 Page 3 of 20
Case Study #2 Employee posted negative comments about job regarding the cleanliness of the foodservice department and the impact on patient health on Facebook and was terminated. Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of The situation could have ethical and legal implications. Fundamental Principles: Principle #1: The dietetics practitioner conducts himself/herself with honesty, integrity, and fairness. Responsibilities to the Public: Principle #4: The dietetics practitioner complies with all laws and regulations applicable or related to the profession or to the practitioner s ethical obligations as described in this Code. The situation warrants that the RD employer complies with laws and regulations that govern the workplace and treats an employee fairly. Key Points to Consider Legal Implications A social media posting by employees is a hot topic for employers. The National Labor Relations Board (NLRB) has brought a number of cases against employers for terminating employees for making negative comments about the company online. Why does the NLRB care? The NLRB enforces the National Labor Relations Act (NLRA). NLRA The NLRA protects the rights of employees to unionize and to work in concert to bargain for better wages and working conditions. This includes conversations with other employees about low wages, long hours and terrible bosses. The NLRA prohibits employers from disciplining or terminating employees for having these conversations even if they occur on line. Exceptions Employees are not protected when comments made are unrelated to working conditions. Also, comments that are untrue may not be protected. Comments that focus only on the company s products, services or business practices generally are not covered. Ethical/ Business implications for the employer. The employer Needs to comply with the NLRA. Should have a social media policy that defines prohibited online activities, but does not prohibit speech protected under the NLRA. Printed 11/5/2013 Page 4 of 20
Should proceed with caution before disciplining an employee for online conduct. Should treat employees fairly. Was the posting made off-duty and on a personal computer or was it during the work day on the employer s computer? Should talk with your employees about social media. It is appropriate to remind employees that good judgment and common sense apply to online postings. Resources: Ayers, Elaine. Opinion: The impact of social media on business and ethical practices in dietetics. J Acad Nutr Diet. 2013; In press. Federal Trade Commission. FTC Facts for Business. Bureau of Consumer Protection; Division of Consumer and Business Education. June 2010. Available at: http://business.ftc.gov/documents/bus71-ftcs-revisedendorsement-guideswhat-people-are-asking Accessed on July 18, 2012. National Labor Relations Act http://www.nlrb.gov/nationallabor-relations-act Printed 11/5/2013 Page 5 of 20
Case Study #3 Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of An internship director is reviewing applications for next year s class. Is it legal or ethical to look at an applicant s public Facebook or Twitter page and use information s/he finds there in making her/his decision? This situation appears to be more of a business issue and an ethical one rather than a legal issue. From a business (internship) perspective, these questions should be addressed: are there written policies that cover the use of information publicly available on social media sites? What is expected by the institutional (host) base for the internship? Was there notice or indication that material available on social media sites could be accessed during the evaluation and selection process? Fundamental Principles: Principle #1: The dietetic practitioner conducts him/herself with honesty, integrity and fairness. Principle #1 relates to the Academy s value of integrity and commitment to excellence in utilization of available information. The value of integrity and fairness would apply relative to the utilization of available information with regard to its content and it s applicability to the internship. It would seem an appropriate example of effectively utilizing information available if it could be used without personal bias and applied fairly across all applicants. For more information about this issue, please refer to materials available in publication and electronically through the Academy s web site. Another point to consider relative to the utilization of available information is the timing with which the information is accessed. Responsibilities to Colleagues and Other Professionals: Principle #19: The dietetics practitioner demonstrates respect for the values, rights, knowledge, and skills of colleagues and other professionals. Principle #19 relates to the student s posting on social media and their behavior as emerging professionals. Guidelines for postings on social media and the behavior of emerging and current professionals suggest it is primarily the responsibility of the applicant. His/her judgment with regard to the content of the post as well as the location of the initial post is important. Postings on public sites are available for all to access, view and interpret. Respect for readers, evaluators and others would seem an ethical consideration worthy of attention under Principle #19. More specifically, Principle #19b: The dietetics practitioner provides objective evaluations of performance for employees and coworkers, candidates for employment, students, professional association Printed 11/5/2013 Page 6 of 20
memberships, awards, or scholarships, making all reasonable efforts to avoid bias in the professional evaluation of others. Principle #19b is especially pertinent to the Academy s commitment to providing objective evaluations of students and candidates without bias. Evaluation of applicants for internships should have clearly delineated and available guidelines regarding the criterion used for the selection process. Therefore, the onus on the evaluator is to adhere to those guidelines without bias in regard to the 'fit' of the applicant into the internship and potential for success in that environment. Key Points to Consider The legality of viewing the information is in question, the possible mis-use of the information is the concern. Internship directors should understand the policies of the internship sponsor. The appearance of bias or conflict must be considered. Objective evaluation of candidates with every effort taken to avoid bias is critical in the internship decisions. Legal Implications: It is legal to view information that is publicly available. Ethical Implications: Three considerations are applicable to this case study based on the Fundamental Principles #1, #19, and #19b as noted above. Consider more closely each of these noted above and their contribution to clarity for the internship director as well as the posting of information by students. In summary, employers are permitted to use publically available and other lawfully obtained information to learn more about their applicants. This is a routine practice and it gives employers an opportunity to see how a potential employee will conduct themselves. And employers may use this information to make employment decisions. However, it is unlawful to make employment decisions based upon personal characteristics such as age, race, military status, religion and health. Accordingly, employers should not only be careful how they obtain information about applicants, but also how they use the information they obtain. Key Points to Consider: How carefully is the information to be used? The internet search may reveal personal information about the applicant s health, race, religion, age, military status, parental status, etc. Federal and state laws prohibit making certain employment and educational decisions based on these personal characteristics noted above. Printed 11/5/2013 Page 7 of 20
Recent Example: Applicant bragged about his recent drug use on his public Facebook page. Employer denied employment based upon applicant s comments. Applicants and employees generally are not protected when they disclose evidence of current criminal activity. Note state laws and EEOC actions regarding prior arrests and convictions. Resources: Helm J. in Action: Ethical and legal issues related to blogging and social media. J Acad Nutr Diet. 2013; 113:688-690. Baunstein N. in Action: Ethical issues for students. J Acad Nutr Diet. 2012; 112:1253-1254. ` Printed 11/5/2013 Page 8 of 20
Case Study #4 Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of A department director is interviewing several well-qualified candidates for an RD position in a large wellness program. The position will require good oral and written skills in dealing with the public and media. A colleague mentions she is a Facebook friend of one of the applicants. Would it be okay for the director to ask the colleague to view the applicant s personal Facebook page? This situation raises ethical and possibly legal issues. Fundamental Principle: Principle #1. The dietetics practitioner conducts himself/herself with honesty, integrity, and fairness. Responsibilities to Colleagues and Other Professionals: Principle #19:The dietetics practitioner demonstrates respect for the values, rights, knowledge, and skills of colleagues and other professionals. a. The dietetics practitioner does not engage in dishonest, misleading, or inappropriate business practices that demonstrate a disregard for the rights or interests of others. Accessing private information - including unauthorized viewing of an electronic medical record, private Facebook page, or even personal notes is dishonest, disrespectful and violates the rights and trust of colleagues and other professionals. Key Points to Consider 1. Viewing publicly available information Employers may legally access an applicant s Facebook page that is publicly viewable. However, be careful about how the information is used. Facebook pages often reveal personal attributes that are protected by federal and local antidiscrimination laws, such as disability, age, marital status, race, religion, ethnic background and sexual orientation. 2. Gaining access to password-protected information through another person Use of information that is not publicly available is risky. Viewing restricted content by looking over someone s shoulder or asking an applicant s Facebook friend for access is problematic and would be an invasion of the account owner s privacy rights. Accessing another person s private Facebook account without permission could also be unlawful and may violate federal statutes that protect digital communications. For example, the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) prohibit intentional access to certain electronic information without authorization. Printed 11/5/2013 Page 9 of 20
The RD employer should not ask potential employees for Facebook passwords. In 2012, Facebook warned employers not to ask job applicants for their Facebook passwords and threatened legal action against those that violate its longstanding policy against sharing passwords. (Reference: Erin Egan. Facebook Protecting Your Passwords and Your Privacy. March 23, 2012. http://www.facebook.com/notes/facebook-andprivacy/protecting-your-passwords-and-yourprivacy/326598317390057) Unless the information is freely accessible, the RD should gain access only if he can do so lawfully and with permission. 3. Stealing a password Hacking into another person s e-mail is illegal. Recent Example: An employer was disciplined after accessing an employees private site without permission. Employees set up an invitation-only site. The employer coerced another employee into revealing the password. The court found that the employer violated the federal Stored Communications Act and state law by improperly accessing the private site. Resources: Ayers, Elaine. Opinion: The Impact of Social Media on Business and Ethical Practices in Dietetics.. J Acad Nutr Diet. 2013. In press. Fox, M. Legal Risks of Social Media: What Dietetics Practitioners Need to Know. J Acad Nutr Diet. 2012; 112 (11):1718-1723. Rhonda Smith, Donald Aplin. Employers should tread carefully in asking for Facebook, other social media passwords. Bloomberg BNA, April 3, 2012. http://www.bna.com/employers-tread-carefully-n12884908782/. Printed 11/5/2013 Page 10 of 20
Case Study #5 An RD consultant receives a free package of cereal in the mail from a cereal company for which she serves as a consultant. The RD consultant writes a blog about this cereal s health benefits for her personal web site, where she has listed all her current clients on the About Me page. Does she need to disclose the free cereal she received in the blog itself? Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of This situation raises ethical issues. Responsibilities to the Profession: Principle #15: The dietetics practitioner is alert to the occurrence of a real or potential conflict of interest and takes appropriate action whenever a conflict arises. Principle #18: The dietetics practitioner does not invite, accept, or offer gifts, monetary incentives, or other considerations that affect or reasonably give an appearance of affecting his/her professional judgment. Product promotions can frequently create the perception of a conflict of interest when the RD receives a benefit, however small, from the company. Accepting gifts may be problematic because it creates relationships that may bias the RD s judgment about the relative merits of different products. Key Points to Consider Legal and Ethical Implications Accepting gifts from industry risks compromising professional objectivity and integrity and may undermine the RD s fundamental ethical commitment to put the interests of clients first. When it comes to conflicts, perception is as important as reality. If readers believe a professional has a conflict of interest, the person will lose credibility. Organizations commonly allow employees to accept unsolicited gifts of low market value (e.g. less than $20), so most readers would not consider accepting a box of cereal a conflict. However, promoting the cereal in a blog could be perceived as a conflict of interest, given the RD s business relationship with the company. The RD should disclose the consulting relationship in the blog, not just in the About Me page, which readers might not see. The disclosure should be clear and conspicuous, understandable by the average reader, and clearly visible within the relevant content. Disclosures that are not presented in plain view can create the appearance that the writer is trying to hide something. (EXAMPLE: My client, company name, sent me free products/coupons ). Printed 11/5/2013 Page 11 of 20
Consider developing and posting a specific policy about accepting gifts. Resources: Ayers, Elaine. Opinion: The Impact of Social Media on Business and Ethical Practices in Dietetics. J Acad Nutr Diet. 2013. In press. Helm, Janet. in Action: Ethical and Legal Issues Related to Blogging and Social Media. J Acad Nutr Diet. 2013; 113:688-690. SocialMedia.org Disclose Best Practices Toolkit. http://www.socialmedia.org/disclosure/. Federal Trade Commission. FTC Publishes Final Guides Governing Endorsements, Testimonials. Last modified October 21, 2009. http://www.ftc.gov/opa2009/10/endorstest.shtm. Federal Trade Commission. FTC Facts for Business. The FTC s Revised Endorsement Guides: What People are Asking. June 2010. http://business.ftc.gov/documents/bus71-ftcs-revisedendorsement-guideswhat-people-are-asking. BlogWithIntegrity. http://www.blogwithintegrity.com/ RDsRDisclosure. http://rds4disclosure.org/ Word of Mouth Marketing Association. Social Media Marketing Disclosure Guide. August 2012. http://www.womma.org/ethics/sm-disclosure-guide. Printed 11/5/2013 Page 12 of 20
Case Study #6 Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of Key Points to Consider Ann RD appears on a national morning show and makes a positive comment about Betty RD s client s product within the context of a larger interview. The client asks Betty RD to post the link to the interview on her social media outlets. Does Betty RD need to disclose her affiliation? The situation could have ethical and legal implications. Responsibilities to the Profession: Principle #15: The dietetics practitioner is alert to the occurrence of a real or potential conflict of interest and takes appropriate action whenever a conflict arises. This situation relates to this principle because the RD works for the client and posting information without disclosing affects the RD s credibility. Legal and Ethical Implications Sometimes the best way to avoid the appearance of a conflict is disclosure. If you disclose a relationship proudly, no one can accuse you of trying to hide anything. Example: Follow this link to hear the great comments made about the wonderful products made by my client, XYZ cereal. I could not be more proud to represent them. Resources: Ayers, Elaine. Opinion: The impact of social media on business and ethical practices in dietetics. J Acad Nutr Diet.2013; In press. Federal Trade Commission. FTC Facts for Business. Bureau of Consumer Protection; Division of Consumer and Business Education. June 2010. Available at: http://business.ftc.gov/documents/bus71-ftcs-revisedendorsement-guideswhat-people-are-asking Accessed on July 18, 2012. Federal Trade Commission. FTC publishes final guidelines governing endorsement, testimonials. Last modified October 21, 2009. http://www.ftc.gov/opa2009/10/endorstest.shtm Helm J. in Action: Ethical and legal issues related to blogging and social media. J Acad Nutr Diet. 2013; 113: 688-690. RDs4Disclosure http://rds4disclosure.org SocialMedia.org s Disclosure Best Practices Toolkit 2011. Available at: http://www.socialmedia.org/disclosure/ Accessed on July 18, 2012. Printed 11/5/2013 Page 13 of 20
Word of Mouth Marketing Association. Social Media Disclosure Kit. 2010. Available at: http://womma.org/ethics/disclosure/ Accessed on July 18, 2012. Printed 11/5/2013 Page 14 of 20
Case Study #7 Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of John RD who is employed by an acute care facility has been recommending specific products in social media and has identified himself as an employee of the institution in making these recommendations. The facility s nutrition handouts have a disclaimer that any use of brand names is for teaching purposes only and not an endorsement by the hospital. Is it ethical for the John RD to recommend specific products in social media if he is not following his employer s mandate to only recommend brand names in teaching situations? This situation presents an ethical issue and potentially a legal issue if he is non-compliant with her terms of employment. Responsibilities to the Public: Principle #6b: The dietetics practitioner promotes or endorses specific goods or products only in a manner that is not false and misleading. Responsibilities to the Profession: Principle #15: The dietetics practitioner is alert to the occurrence of a real or potential conflict of interest and takes appropriate action whenever a conflict arises. Fundamental Principles: Principle #1: The dietetics practitioner conducts himself/herself with honesty, integrity, and fairness. This scenario relates to the RD s responsibility to be truthful and transparent when making an endorsement and to be aware of and comply with the employer s social media. It also relates to the responsibility to be honest about whom he is representing when communicating on social media about topics that are related to the business of his employer/organization. Key Points to Consider Legal and Ethical Implications Employees should not make endorsements on behalf of their employer unless they are specifically authorized to do so. The organization should have a social media policy that includes endorsements. Most organizations policies prohibit employees from using their official position or authority to endorse products or services on behalf of the employer without specific permission. When an RD is communicating on social media on behalf of an organization or on topics related to the business of the organization, the RD should disclose their title and position, the name of the organization they work for, and any other relevant affiliations. Printed 11/5/2013 Page 15 of 20
If the RD writes anything related to the business of his employer (including recommending a product) on personal blogs or pages, the RD should disclose that this is his own opinion and does not necessarily reflect the opinion of the employer. This should be done in consultation with the organization and based on the social media policy. In addition, the RD should clearly identify his business affiliation. The disclosure should be clear and conspicuous, understandable by the average reader, and clearly visible within the relevant content. (Examples: an RD could include a username that includes the organization name, or include a statement in the post or comment itself, I work for and this is my personal opinion. ) RDs should specifically clarify which post or comments are their own opinions vs. official corporate statements. Again, this should be done in consultation with the organization and based on its social media policy. Resources: Ayers, Elaine. Opinion: The Impact of Social Media on Business and Ethical Practices in Dietetics. J Acad Nutr Diet. 2013, In press. Helm, Janet. in Action: Ethical and Legal Issues Related to Blogging and Social Media. J Acad Nutr Diet. 2013; 113:688-690. SocialMedia.org Disclose Best Practices Toolkit. http://www.socialmedia.org/disclosure/. Federal Trade Commission. FTC Publishes Final Guides Governing Endorsements, Testimonials. Last modified October 21, 2009. http://www.ftc.gov/opa2009/10/endorstest.shtm. Federal Trade Commission. FTC Facts for Business. The FTC s Revised Endorsement Guides: What People are Asking. June 2010. http://business.ftc.gov/documents/bus71-ftcs-revisedendorsement-guideswhat-people-are-asking. BlogWithIntegrity. http://www.blogwithintegrity.com/ RDsRDisclosure. http://rds4disclosure.org/ Printed 11/5/2013 Page 16 of 20
Case Study #8 Should faculty become Facebook friends with students? Some of the program faculty believe they need to monitor what students are saying on Facebook. Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of Key Points to Consider The situation could have ethical and legal implications. Fundamental Principles: Principle #1: The dietetics practitioner conducts himself/herself with honesty, integrity, and fairness. Responsibilities to Colleagues and Other Professionals: Principle #19: The dietetics practitioner demonstrates respect for the values, rights, knowledge, and skills of colleagues and other professionals. The situation relates to these principles because interactions with students should be on a professional basis whether in or out of the classroom. Legal and Ethical Implications Does the institution have internal rules governing this issue? Does the institution have a social media policy? If the institution has internal rules/policies, the faculty member must follow these guidelines. While it is not unlawful to friend students, this practice can pose ethical, legal and practical challenges. Recent Example: A student sued her school for failing to accommodate her alleged mental disability and used Facebook communications with her instructor to support a claim that her school knew she was disabled. Recent Example: A student alleged that she had been sexually harassed by her instructor and used Facebook messages to prove her case. Resources: Aase S. Toward e-professionalism: Thinking through the implications of navigating the digital world. J Amer Diet Assoc. 2010; 110(10):1442-1449. American Medical Association. Professionalism in the use of social media. August, 2010. http:///www.amaassn.org/ama/pub/meeting/professionalism-socialmedia.shtml. Ayers, Elaine. Opinion: The impact of social media on business and ethical practices in dietetics. J Acad Nutr Diet.2013; In press. Printed 11/5/2013 Page 17 of 20
Federal Trade Commission. FTC Facts for Business. Bureau of Consumer Protection; Division of Consumer and Business Education. June 2010. Available at: http://business.ftc.gov/documents/bus71-ftcs-revisedendorsement-guideswhat-people-are-asking Accessed on July 18, 2012. Fox, M. Legal risk of social media: what dietetics practitioners need to know. J Acad Nutr Diet. 20121:112(11):1718-1723. Greyson SR, Kind T, Chretien K. Online professionalism and the mirror of social media. J Gen Intern Med. 2010; 25(11):1227-9. Printed 11/5/2013 Page 18 of 20
Case Study #9 Hospital administration has received reports that many staff members are on Facebook frequently during the work day. They are concerned about the loss of employee work time and productivity as employees use work computers and time to send personal e-mails, play games, and shop, in addition to visiting social media sites. Can the hospital monitor employee Internet use at work? Questions for Discussion Is the situation described an ethical issue? Or, is it a business dispute? What principle(s) of the Code of does it relate to and how/why? Indicate the Category for the Code of Indicate the Principle(s) of the Code of This situation address both ethical and legal issues. Fundamental Principles: Principle #1: The dietetics practitioner conducts himself/herself with honesty, integrity, and fairness. Responsibilities to Colleagues and Other Professionals: Principle #19.b: The dietetics practitioner provides objective evaluations of performance for employees and coworkers, candidates for employment, students, professional association memberships, awards, or scholarships, making all reasonable efforts to avoid bias in the professional evaluation of others. This scenario relates to the RD s responsibility to use the employer s resources, including time, equipment, and services, with honesty, integrity, and fairness. The RD should use the employer s resources for work purposes and utilize these resources for personal purposes as allowed by the employer. In addition, RD who are employers have a responsibility to monitor employee performance. Monitoring how employees spend time, including Internet use, can provide objective data to support evaluations. However, no one employee should be singled out for monitoring. If monitoring is to occur, it needs to involve all employees to avoid anyone from making accusations of a hostile work environment. Key Points to Consider Legal and Ethical Implications Employers generally can monitor how much time employees spend online and can discipline employees for excessive Internet use. However, it is important to apply any disciplinary actions consistently. Employers also generally can monitor what their employees do online, provided that they first tell their employees (in writing) that their use of company computer equipment and services may be monitored and that they should have no expectation of privacy when using company equipment or services. Printed 11/5/2013 Page 19 of 20
However, employers should be careful what they do with the information they obtain. Monitoring the content of employee emails and Internet use can reveal information about employee health issues, religious affiliation, ethnic background and other personal characteristics. Because these characteristics are protected by federal and local discrimination laws, employers must make sure they do not use (or appear to use) this information when making employment decisions. Recent Example: An employer terminated an employee for excessive Internet use at work. When the terminated employee filed a discrimination charge, an EEOC investigation revealed that other employees who spent even more time online were not terminated. Recent Example: The COO and Human Resources Vice President of a large medical center requested the IT department conduct a oneweek audit of Facebook use by all employees based on the generally accepted observation that many staff members were on Facebook all the time. The audit found that employees spent thousands of hours of work computer time on Facebook and prompted management to block Facebook access. Resources: Ayers, Elaine. Opinion: The impact of social media on business and ethical practices in dietetics. J Acad Nutr Diet.2013; In press. Muhl, Charles. Workplace email and internet use: Employees and employers beware. Monthly Labor Review Feb 2003, pp 36-44. http://www.bls.gov/opub/mlr/2003/02/art3full.pdf.. National Workrights Institute. Electronic Monitoring in the Workplace: Common Law & Federal Statutory Protection. http://workrights.us/?products=electronic-monitoring-inthe-workplace-common-law-federal-statutory-protection. R:\Gov\ETHICS\ Case Studies\New Case Studies Social Media Dec 2012\ Case Studies Social Media FINAL 10 20 13.docx Printed 11/5/2013 Page 20 of 20