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Ethics Case Studies

Impact of Social Media


10/20/13: Final

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

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.

Questions for Discussion


Is the situation described an ethical issue?
Or, is it a business dispute?

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 Ethics; 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.

What principle(s) of the Code of Ethics


does it relate to and how/why?

Fundamental Principles # 1 and #19.


Principle #1: The dietetics practitioner conducts
him/herself with honesty, integrity, and fairness. Principle
#1 relates to the Academys value of integrity and addresses
attributes and behaviors that should characterize all
professionals, including students who are preparing to become
dietetics professionals.

Indicate the Category for the Code of


Ethics
Indicate the Principle(s) of the Code of
Ethics

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 Ethics including
postings on social media.

Key Points to Consider

Printed 11/5/2013

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?
Students or interns who are members of the Academy are
expected to adhere to the Code of Ethics and this includes
postings on social media.
Internship directors must adhere to the Code of Ethics and
serve as models for the students/interns.
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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. 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.

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?

The situation could have ethical and legal implications.

What principle(s) of the Code of Ethics


does it relate to and how/why?

Fundamental Principles:
Principle #1: The dietetics practitioner conducts
himself/herself with honesty, integrity, and fairness.

Indicate the Category for the Code of


Ethics
Indicate the Principle(s) of the Code of
Ethics

Responsibilities to the Public:


Principle #4: The dietetics practitioner complies with all
laws and regulations applicable or related to the
profession or to the practitioners 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 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.

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 employers 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. 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

Printed 11/5/2013

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Case Study #3

An internship director is reviewing applications for next


years class. Is it legal or ethical to look at an applicants
public Facebook or Twitter page and use information s/he
finds there in making her/his decision?

Questions for Discussion


Is the situation described an ethical issue?
Or, is it a business dispute?

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?

What principle(s) of the Code of Ethics


does it relate to and how/why?

Fundamental Principles:
Principle #1: The dietetic practitioner conducts
him/herself with honesty, integrity and fairness.

Indicate the Category for the Code of


Ethics

Principle #1 relates to the Academys 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 its applicability to the
internship.

Indicate the Principle(s) of the Code of


Ethics

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
Academys 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 students 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
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memberships, awards, or scholarships, making all


reasonable efforts to avoid bias in the professional
evaluation of others.
Principle #19b is especially pertinent to the Academys
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 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.

Printed 11/5/2013

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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.

Printed 11/5/2013

Page 8 of 20

Case Study #4

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
applicants personal Facebook page?

Questions for Discussion


Is the situation described an ethical issue?
Or, is it a business dispute?

This situation raises ethical and possibly legal issues.

What principle(s) of the Code of Ethics


does it relate to and how/why?

Fundamental Principle:
Principle #1. The dietetics practitioner conducts
himself/herself with honesty, integrity, and fairness.

Indicate the Category for the Code of


Ethics
Indicate the Principle(s) of the Code of
Ethics

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 applicants 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
someones shoulder or asking an applicants Facebook
friend for access is problematic and would be an
invasion of the account owners privacy rights.
Accessing another persons 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 persons 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. Ethics 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

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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
cereals 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?

This situation raises ethical issues.

What principle(s) of the Code of Ethics


does it relate to and how/why?

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.

Indicate the Category for the Code of


Ethics
Indicate the Principle(s) of the Code of
Ethics

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 RDs judgment about the
relative merits of different products.

Key Points to Consider

Printed 11/5/2013

Legal and Ethical Implications


Accepting gifts from industry risks compromising
professional objectivity and integrity and may
undermine the RDs 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 RDs 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).
Page 11 of 20

Consider developing and posting a specific policy


about accepting gifts.

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 .

Printed 11/5/2013

Page 12 of 20

Case Study #6

Ann RD appears on a national morning show and makes a


positive comment about Betty RDs clients 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?

Questions for Discussion


Is the situation described an ethical issue?
Or, is it a business dispute?

The situation could have ethical and legal implications.

What principle(s) of the Code of Ethics


does it relate to and how/why?

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.

Indicate the Category for the Code of


Ethics
Indicate the Principle(s) of the Code of
Ethics
Key Points to Consider

This situation relates to this principle because the RD


works for the client and posting information without
disclosing affects the RDs 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. 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.
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. Ethics 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.orgs 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

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 facilitys 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
employers mandate to only recommend brand names in
teaching situations?

Questions for Discussion


Is the situation described an ethical issue?
Or, is it a business dispute?

This situation presents an ethical issue and potentially a


legal issue if he is non-compliant with her terms of
employment.

What principle(s) of the Code of Ethics


does it relate to and how/why?

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.

Indicate the Category for the Code of


Ethics
Indicate the Principle(s) of the Code of
Ethics

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 RDs responsibility to be
truthful and transparent when making an endorsement and
to be aware of and comply with the employers 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

Printed 11/5/2013

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.

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. 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/

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?

The situation could have ethical and legal implications.

What principle(s) of the Code of Ethics


does it relate to and how/why?

Fundamental Principles:
Principle #1: The dietetics practitioner conducts
himself/herself with honesty, integrity, and fairness.

Indicate the Category for the Code of


Ethics
Indicate the Principle(s) of the Code of
Ethics

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.

Key Points to Consider

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. Ethics 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

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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?

This situation address both ethical and legal issues.

What principle(s) of the Code of Ethics


does it relate to and how/why?

Fundamental Principles:
Principle #1: The dietetics practitioner conducts
himself/herself with honesty, integrity, and fairness.

Indicate the Category for the Code of


Ethics
Indicate the Principle(s) of the Code of
Ethics

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 RDs responsibility to use the
employers resources, including time, equipment, and
services, with honesty, integrity, and fairness. The RD
should use the employers 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

Printed 11/5/2013

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.

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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. 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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