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The following nine case studies were developed by the Academy/CDR Ethics 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 Ethics Committee, please contact the committee at ethics@eatright.org .
Case Study #1
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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. Ethics in Action: Promoting professionalism
through ethical behaviors in the academic setting. J Am Diet
Assoc. 2004; 104:347-349.
Baunstein N. Ethics in Action: Ethical issues for students. J
Acad Nutr Diet. 2012; 112:1253-1254.
Helm J. Ethics in Action: Ethical and legal issues related to
blogging and social media. J Acad Nutr Diet. 2013;
113:688-690.
Ayers E Ethics Opinion: The impact of social media on
business and ethical practices in dietetics. J Acad Nutr Diet.
In press.
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Case Study #2
Fundamental Principles:
Principle #1: The dietetics practitioner conducts
himself/herself with honesty, integrity, and fairness.
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 companys 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.
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Resources:
Ayers, Elaine. Ethics 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
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Case Study #3
Fundamental Principles:
Principle #1: The dietetic practitioner conducts
him/herself with honesty, integrity and fairness.
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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 applicants 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.
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Recent Example:
Applicant bragged about his recent drug use on his public
Facebook page. Employer denied employment based upon
applicants 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. Ethics in Action: Ethical and legal issues related to
blogging and social media. J Acad Nutr Diet. 2013;
113:688-690.
Baunstein N. Ethics in Action: Ethical issues for students. J
Acad Nutr Diet. 2012; 112:1253-1254.
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Case Study #4
Fundamental Principle:
Principle #1. The dietetics practitioner conducts
himself/herself with honesty, integrity, and fairness.
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Case Study #5
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Resources:
Ayers, Elaine. Ethics Opinion: The Impact of Social Media
on Business and Ethical Practices in Dietetics. J Acad Nutr
Diet. 2013. In press.
Helm, Janet. Ethics 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
FTCs 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 .
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Case Study #6
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Case Study #7
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Resources:
Ayers, Elaine. Ethics Opinion: The Impact of Social Media
on Business and Ethical Practices in Dietetics. J Acad Nutr
Diet. 2013, In press.
Helm, Janet. Ethics 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
FTCs 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/
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Case Study #8
Fundamental Principles:
Principle #1: The dietetics practitioner conducts
himself/herself with honesty, integrity, and fairness.
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Case Study #9
Fundamental Principles:
Principle #1: The dietetics practitioner conducts
himself/herself with honesty, integrity, and fairness.
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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. Ethics 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.
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