Paper submitted for Ethics and Leadership class at University of San Diego
Working
Out: Personal and Professional Considerations
For Self-Disclosing
Sexual Orientation with Clients
David
Johnson, MA Candidate
University
of San Diego
School
of Leadership and Education Sciences
December
8, 2012
Introduction and background
The decision of an
LGBT person to “come out” is an individual choice that is made not once but
many times over the lifetime in a variety of contexts including personal and
professional. Coming out is the “process in which one acknowledges and accepts
one's own sexual orientation. It also encompasses the process in which one
discloses one's sexual orientation to others. In contrast, the term closeted refers to a state of secrecy or
cautious privacy regarding one's sexual orientation” (American Psychological
Association, 2012). Historically, employment discrimination has presented a
major barrier for LGBT professionals coming out at work, however thirty states
now offer varying levels of legal protections to LGBT individuals (American
Civil Liberties Union, 2011). In the private sector, over 85% of Fortune 500
companies now have protective policies for LGBT employees, up 35% from just a
decade ago (Hewlett & Sumburg, 2011). Although these trends signify
increasing acceptance of LGBT individuals, coming out remains a sensitive topic
in the workplace; thus, many LGBT individuals choose to remain closeted to some
degree while at work.
Coming out may be an
especially complex decision for those in the helping professions because the
decision involves several overlapping layers of ethical and moral
considerations. This is particularly true for clinical mental health counselors
because they often work within the context of an established therapeutic alliance
with clients; in most cases the efficacy of counseling is directly related to
the quality of trust between clients and counselors (Yalom, 2002). Professional
literature on the topic of counselor self-disclosure is limited, and there is
little consensus addressing the appropriateness of professionals coming out to
clients. Therefore individual counselors must determine whether and how to
discuss their sexual orientation with clients. This paper discusses moral and
ethical considerations involved in the decision to self-disclose sexual orientation
with clients from the perspective of a beginning counselor facing this decision.
For me personally,
I adopted a commitment to honesty and transparency with regard to sexual
orientation during early adulthood as expression of courage and to fight against
the prejudice and discrimination experienced by members of the LGBT community. Cass
(1979) described this as “Identity Pride,” the penultimate stage in sexual
identity development. Today as I move into “Identity Synthesis,” the final
stage, I seek greater balance where sexuality is no longer the dominant aspect
of my identity, but rather one of many aspects. The formation of professional
identity is a developmental process that represents a dynamic merging of
personal with professional sense of self in one’s chosen field (Smith &
Robinson, 1995). As I assume a new professional identity as a beginning
counselor, I uphold professional codes of ethics and therefore must exercise caution
that any disclosure of my sexual orientation does not harm, disrespect the
dignity of, or impose my values upon others (American Counseling Association,
2005, A1a).
In this context, I
hold the position that it is morally permissible to disclose my sexual
orientation to clients for therapeutic purposes, except when doing so would
present an unacceptable risk of harm or other violation of professional ethics).
I hold this position: (a) to maintain my personal commitment to honesty and
transparency, as noted above, (b) to optimize the counseling experience for my
clients through therapeutic alliances based on trust, (c) to strive for a
balanced integrity regarding different aspects of my identity, specifically
personal and professional, and finally (d) to remain closeted with clients is
incompatible with honesty and transparency, creates barriers to trust, and
interferes with balanced integrity. Considering the potential benefits to my
clients and myself against the potential harm of remaining closeted, it is
morally permissible to self-disclose my sexual orientation with clients.
A Counterargument
must be also considered as part of a comprehensive moral decision-making
strategy. By examine the following counterargument, I can scrutinize my own
position for defecits: It would not be morally permissible to disclose sexual
orientation to clients because: (a) disclosure risks burdening the client with my
issues rather than focusing attention on the client’s needs, (b) sexual orientation
is a private matter, and sharing creates a false sense of intimacy incompatible
with the therapeutic alliance, (c) speaking openly about my sexual orientation
leaves me vulnerable to being stigmatized, misunderstood, or exposed by clients
whose behavior, relationships, and emotions may decompensate at any time, (d) effective
counselors should attempt to become like a “blank slate” onto which clients
project subconscious ideas and assumptions through a process called
transference. Thus, considering the benefits of being a blank slate and the
risk associated with self-disclosure, it would not be morally permissible to
self-disclose my sexual orientation with clients.
Discernment and Analysis
It is possible to
further develop arguments for and against the issue by applying several
different moral theories and moral decision-making frameworks. I will consider
implications from nonconsequentialist theories of Kant and Aristotle, Anthony
Weston’s practical tools for solving ethical problems, Richard Gulla’s elements
for forming a moral conscience, considerations of self-in-relationship to
others, and Craig Johnson’s notions of light and shadow as they affect
leadership and followership.
Major ethical theories: Kant and Aristotle
First I will
consider a theory of moral duty proposed by Immanuel Kant. At the heart of
Kant’s theory is the categorical imperative, a universal unconditional
principle that expresses a moral duty that must be followed in all circumstances
regardless of the outcome (Vaughn, 2010, p. 101). According to Kant, one can
test whether an action is morally permissible by determining if it can be
universalized and that we must always treat people not as a means to an end,
rather as an end in themselves (Vaughn, 2010, p. 103).
The position in
support of disclosure could best be articulated by the maxim “be who you are.”
This imperative represents an existentialist embrace of individual
authenticity; when applied to the issue of self-disclosure, being who I am
means self-acceptance and rejection of inauthentic ways of being. This maxim is
universalizable because everyone can and does follow it, one can note that
human development is the gradual process of becoming who one is; the purpose of
counseling is to assist in this process. Secondly, considering the ends-means
principle, the decision for self-disclosure in the context of a therapeutic alliance
passes this second test so long as the decision is made because it helps the
client become who he or she is. In other words, it would only be appropriate to
discuss my sexual orientation with clients in cases where doing so relates to
the client’s therapeutic goals. To bring up the topic because I want them to
know, would violate the ends-means principle.
In the argument
against disclosure, I might select a different maxim “do no harm.” This
principle is universalizable in all of the helping professions and takes
primacy among professional standards; sometimes called nonmalfeasance, by this
principle, counselors are expected to “respect the dignity and promote the
welfare of clients” (American Counseling Association, 2005, A1a). Whether I
would be willing to allow this principle stand in all circumstances, regardless
of outcome, I can again answer “yes” because promoting dignity and promoting
welfare of others is aligned with my
personal mission statement. Applying this principle to disclosure, it becomes
possible to imagine specific circumstances where a client’s knowledge of my LGBT
status may present barriers to establishment of a therapeutic alliance, such as
a client with anti-LGBT prejudices. Operating on the principle of “do no harm,”
I must therefore limit the practice of self-disclosure to cases where doing so
will only benefit the client and refrain from doing so in cases where
disclosure would harm the client. In essence, the principle of “do no harm”
necessarily supersedes the principle of “be who you are,” in professional
situations.
Both of these
maxims are related to ultimate goal of human flourishing, which brings us to
Aristotle’s Virtue Ethics. Standing in contrast to Kant’s deontological theory,
Aristotle places an emphasis on the character of an individual, rather than on
duty or rules. Aristotle saw all life as striving towards flourishing, and
virtue is the “disposition to act and feel according to an ideal or model of
excellence” (Vaughn, 2010, p. 134-135). Applying virtue to the question of
disclosure, I value honesty and transparency and strive towards flourishing by
maintaining integrity in my personal and professional identity. Therefore, I
seek to act consistently and avoid the extremes of sharing too much about
myself, which could lead to harm for clients, and too little, which would fail
to nourish a therapeutic alliance with clients. Acting within this golden mean,
I can promote the well being of my clients because I am free of the problems
connected with dishonesty, unapproachability, inconsiderateness, or egocentric behaviors.
By maintaining habits of integrity, I can relate to people with greater
openness, genuineness, and consistency. As an adolescent, I attempted to
conceal my sexual orientation from some people and not others; I found myself
frequently entangled in moral problems such as being dishonest, inapproachable,
and egocentric. Thus I experienced emotional strain as a result of these moral
failures. Since coming out to family, friends, and peers, I have been empowered
to develop a strong commitment to integrity and have experienced greater human
flourishing as a result.
The argument
against self-disclosure from the Aristotelian perspective would be that one’s
sexual orientation is a private matter, and any discussion of one’s sexual
orientation with clients in a professional context, no matter how
well-intended, falls too far on the extreme side of sharing too much,
potentially leading to harm for clients, or at the very least, depriving
clients of valuable session time they need to discuss their own issues. This is
an important point to consider. As a counselor, I must be sensitive to the
client’s needs and respect their time. In keeping with the rule of the golden
mean, it is necessary to keep any attention focused on the counselor as brief
as possible.
Tools to solve ethical issues
So far, it is
possible to see that the arguments for and against self-disclosure have certain
values in common, even if the actual positions disagree. For example, both
sides place a primacy on client welfare, acknowledge the benefits of the
therapeutic alliance, and both sides would agree on establishing clear
boundaries that protect both the client and counselor. Therefore, it can be
possible to nuance each position in such a way as to establish common ground. By
establishing common ground, each side is able to frame it’s desires and
concerns in a way that is more acceptable to both sides, creating a win-win.
Anthony Weston referred to these techniques as focusing on interests rather
than positions and working from common ground (Weston, 2008).
Ethics and Self
As I move towards
a solution that incorporates the best ideas on both sides of the issue, it is
important to be sure I am discerning a decision in good conscience. Father
Richard Gula (1997) defines conscience as a “whole person’s commitment to value
and the judgment that one makes in light of that commitment of who one ought to
be and what one ought to do or not do.” Acting from conscience is contrasted
from acting from the superego which looks to narrow references such as
authority, self-comfort, and individual acts as opposed to values, orientation
to the other, and general ways of being (Gula, 1977). Applied to the decision
for disclosure, the values I want to honor are honesty, transparency, service,
and integrity. In light of my commitment to these values, I can develop a moral
checklist for myself to consider whether I am acting in good conscience or not.
I act good conscience whenever I join with my clients in a therapeutic alliance
based on trust, when each interaction respects their dignity and promotes well
being, when I strive to have integrity and practice honesty and transparency
always – not just at work, when I make proactive decisions in line with values
rather than a response to given circumstances. Such a checklist, reviewed
regularly, can help process moral decisions as they become apparent.
Ethics and self-in-relationship
Beyond just
myself, there are other stakeholders who are affected by my decision to
self-disclose my sexual orientation. For example, my family and loved ones, the
local LGBT community, and colleagues in the mental health profession are all
affected by how I approach this decision or the consequences of my decision. My
family and loved ones look up to me and depend on me for support. Although no
one would ever mistake me for a wealthy man, I anticipate the career I am
preparing to enter will afford me more financial freedom than I have ever
enjoyed. Completing a master’s degree would also place me as one of the most
highly educated members of my family. Therefore, I need to be sure I develop
decision-making habits and avoid any risks that could place my career at risk
to avoid disappointing my family or becoming a financial burden to them.
Secondly, I have
many ties to the local LGBT community, and my participation in it is a
substantial source of my overall civic contribution. The LGBT community is also
a special population I am preparing to serve as a professional counselor, a
networking source for colleagues and potential clients. This of course carries
risks and benefits. On one hand, my participation in LGBT public events,
political activism, and advocacy for justice are all positive contributions to
my community and aspects of my social life that in effect develop a public
sense of sexual identity within the LGBT community. On the other hand, it is
likely will encounter LGBT clients and potential clients participating in the
same community or on social networking websites. Thus, my membership and
participation in this subculture constitutes an “unavoidable disclosure” of my
LGBT status as defined by Ofur Zur (2011). In a sense, one might compare coming
out of the closet to toothpaste in a tube: once out, it can never be put back
in. Similarly, my decision to participate and develop a public identity closely
associated with the LGBT community limits my options to selectively disclose my
sexual orientation. It is important to consider however, many counselors who practice
in small communities, such as rural areas, face similar situations without
compromising personal commitments to integrity or ethical obligations.
Finally, I have a
responsibility to my colleagues and members of my profession. LGBT issues in
counseling is an emerging issue among professional counselors with great need
for current research. As already noted, it is becoming increasingly common for
individuals to come out, but the profession is lagging in developing
competencies for providing proper evidence-based support to LGBT clients.
Accordingly, I will have opportunities to advance my field by developing a thoroughly
responsive practice with regard to LGBT issues and transferring my knowledge to
colleagues through writing, researching, and teaching. For example, according
to the National Alliance on Mental Illness (2007), lesbians and gay men are
more likely than heterosexuals in similar demographics to experience major depression,
generalized anxiety disorder, and substance use issues; LGBT youth are 3.4
times more likely to attempt suicide than their straight classmates (American
Association on Suicidology, 2010). Whether deliberate or unavoidable,
disclosure of my sexual orientation to clients and potential clients as part of
this process will impact my overall professional identity and practice.
Light and shadow in leadership
Craig Johnson
(2012) describes how leaders effectiveness using metaphors of light and shadow.
According to Johnson, ignoring one’s “dark side” is a main contributing factor
in leadership failures in business, politics, clergy, and other areas of
leadership. To aid leaders in improving their awareness of shadow-casters such
as unhealthy motivations, faulty decision-making, lack of expertise, and
contextual pressures, Johnson offers a variety of self-assessments to help
pinpoint the areas for growth. These examples helped me to look critically at
my moral sensitivity and moral character in particular. For example, although I
believe I tend to be an empathetic person, the self-assessments help me
identify situations where others likely perceived me as unconcerned or too
self-involved. Also, I found that I sometimes struggle for balance between
acting independently, and admitting that I need help or seeking consultation
appropriately. Finally, Johnson’s principles also helped me become aware of
situations where I acted swiftly and decisively as a leader, when a more
reasoned thought-out process was called for and would have resulted in a better
outcome. I believe the sources of these shadows are related to feelings of
insecurity about my ability to take on new responsibilities, mistaken
assumptions about others, and an overall lack of expertise in my role.
Some
of the ways I can cast light on these areas as a leader are by improving
supportive relationships with peers and authorities. By accepting my
limitations and being realistic about the expectations others may place on me.
Finally, although I am confident in my ability to reason through a complex
moral decision using various decision-making strategies, I know I will improve
my sensitivity to situations where moral decisions must be more carefully
considered before I decide to act. I can add light to these circumstances by
initiating consultation with more experienced counselors, allowing adequate
time reach decisions,
Light and shadow in followership
As a follower, my
greatest vulnerability lies in the challenge of obedience. While I can respect
my duty to follow directions and adhere to policy, I have a particularly
difficult time accepting the leadership of poor leaders who cast shadows by
abusing power, infringing upon the rights of subordinates, or hiding
decision-making behind a veil of secrecy. Sometimes I failed in my role as a
follower by not speaking up; other times I expressed disagreement in ways that
were not helpful or welcome in the situation and suffered consequences as a
result. Even though I may arrive at a well-discerned decision about when and
how I will choose to self-disclose my sexual orientation, I must recognize I
may have to consider leaders who may disagree with me. I may be forced to
choose between acting in conscience and accepting employment from an
organization or person with whom I have a disagreement. Until I have the job
security to be my own boss, my decisions will be subject to review by bosses,
and I may have to accept a compromise.
Evil and leadership
Also important to
understand is the presence of evil in the world. Johnson (2012) defines evil as
“a destructive influence… that inflicts pain and suffering, deprives innocent
people of their humanity, and creates feelings of hopelessness and despair… the
ultimate product of evil is death. Evil destroys self-esteem, physical and
emotional well being, relationships, communities, and nations.” Unfortunately,
it is too simplistic to brand individuals as either good or evil, because each
person may have capacity for both good and evil. In fact, evildoers tend to
believe their intentions and actions are good, or at least neutral. Thus, evil
is to be found in actions or inactions, rather than in people.
One
of the first steps in identifying the presence of evil as it may relate to my
work is to accept that it exists in reality and to be mindful of conditions where
evil can exist, such as schadenfreude, the taking of pleasure in the misfortune
of others, chronic boredom, narcissism, administrative evil, the dehumanization
of others, and the maintaining of unjust systems which perpetuate these evils
(Johnson, 2012, p.119-125). Considering the specific issue of self-disclosure,
I must be particularly aware that my desire to assist or advocate for clients
serves their interest, rather than my own interest. Also, I must be mindful of
my issues that may arise from working within the human services system such as
administrative evil, and dehumanization experiences.
Thus,
I plan to combat evil by committing to treating each client as a holistic
individual not simply a diagnosis or a number. As a counselor, I am always
interested efficacy of the counseling experience for my clients and I will
routinely seek for their feedback to assist with any shadow or blind spots that
I might not have noticed. For example, I can ask a client how knowing my sexual
orientation does/does not contribute to a successful therapeutic alliance.
Evil and followership
As a follower, I
remain committed to the welfare of my clients and to upholding the mission of
the organization I work for. I will develop positive working relationships with
employers and coworkers based on collaboration and mutual respect. I will
endeavor to perform my duties and follow all policies in a diligent thorough
manner and find helpful ways to address any risks, problems, or potential for
harm that I encounter. I will use consultation, professional networking, and
ongoing research to inform my decision-making practice and engage in healthy self-care
so that I remain solidly grounded in my core values such as honesty,
transparency, and integrity.
I
will guard against evil as a follower by practicing forgiveness, by
communicating openness to feedback from others, and by developing habits that
foster continued personal balance and professional development.
Moral argument
I have considered several
different moral theories and moral decision-making frameworks, in analyzing the
question of whether it is morally permissible to self-disclose my sexual
orientation to clients in the context of a therapeutic alliance, except when
doing so may reasonably cause harm to client. Self-disclosure is permissible in
that it supports the maxim “be who you are,” however I must balance that
against the maxim “do no harm.” Because integrity is a virtue to which I
aspire, I will promote actions and choices for honesty and transparency because
they contribute my flourishing and the flourishing of my future clients. I
consider carefully the merits of a counterargument which seeks to protect
clients; because that is also a value I share, I can allow myself the
flexibility to recognize that in some cases, self-disclosure of my LGBT status
may be harmful and I agree to refrain from self-disclosure in those cases. As a
professional, I remain committed to developing a mature conscience, and avoid
decision-making that is based in the needs of the superego, rather than
conscience. I consider how the consequences of my actions may affect others
such as family, the LGBT community, and professional colleagues. To some
extent, my individual participation in the LGBT community and my decision to
serve clients from the same community will lead to unavoidable disclosures, and
I conclude the benefits outweigh the risks. Finally, I reflected upon how my
decision casts shadow and how I can shed light as both a leader and a follower;
I am human and have particular vulnerabilities, my awareness of which better
prepared me to address these issues. I further reflected on the problems of
evil and acknowledged my capacity for being an occasion of evil, but also
resolved to remain vigilant to combat evil as a leader and as a follower.
In this context, I
hold the position that it is morally permissible to disclose my sexual
orientation to clients for therapeutic purposes, except when doing so would
present an unacceptable risk of harm or other violation of professional ethics.
I hold this position: (a) to maintain my personal commitment to honesty and
transparency, as noted above, (b) to optimize the counseling experience for my
clients through therapeutic alliances based on trust, (c) to strive for a
balanced integrity regarding different aspects of my identity, specifically
personal and professional, and finally (d) to remain closeted with clients is
incompatible with honesty and transparency, creates barriers to trust, and
interferes with balanced integrity. Considering the potential benefits to my
clients and myself against the potential harm of remaining closeted, it is
morally permissible to self-disclose my sexual orientation with clients.
Proposed solution
Since
I have drawn the conclusion that it is morally permissible to self-disclose my
LGBT status with clients, I have developed an individual policy to set
parameters around this practice. First, I will choose to not disclose in
circumstances where there is a risk of harm to a client, or where disclosure so
may interfere with the dignity or well being of the client. I will consider
this question when introducing myself to each new client I serve. Secondly, I
will continue to responsibly manage my participation in the LGBT community and
social networking. For example, I will place a well-defined boundary around
personal data such as my relationship status, HIV status, family members,
personal finances, etc. and be assertive about protecting my personal
information. Similarly, I will define the information I am willing to share
with clients such as coming out experience, professional training, and
interpersonal successes and failures that may be relevant to the client’s
particular issues and goals in counseling. When encountering any complex moral
or ethical decision, I will seek consultation with more experienced counselors,
give myself adequate time to reach a decision, and develop habits of empathy
with clients to ward off any patterns which could facilitate dehumanization
with clients. I will employ an ethical decision-making model for processing
decisions. Finally, I will practice prevention by committing to virtues such as
integrity, honesty, and transparency and I will shed light on opportunities for
colleagues to do so as well.
Action Plan
I anticipate
accepting employment in the near future with a counseling organization. My
action plan will be to create a document that specifically outlines information
I will and will not disclose with clients. I will file this document with my
mission statement and review them monthly, beginning with the start date of
next job. I have already adjusted privacy settings on my social networking
applications to manage my online profile, I will continue to be aware of
security features. Upon obtaining a job, I will carefully read the employee
handbook and familiarize myself with all policies, taking into consideration
how I might prepare myself for the experience of evil. I will participate in a
spiritual community in my religious tradition and take advantage of periodic
rituals of reconciliation for example liturgical seasons of lent and advent. These
are opportunities for the Examination of Conscience.
Reflection
The
process of engaging in this exercise has been at different moments, challenging
and refreshing. I have been challenged to confront issues of shadow and light
in an academic environment. This has been a new experience for me and brought
me out of my comfort zone in a good way. To publicly make a commitment to
honesty, transparency, or integrity raises the bar for making sound decisions.
Through most of my working life, most of my actions on the job have been those
of a follower who neither bore nor accepted responsibility for making moral
decisions. I had grown comfortable in relying on emotion to make decisions.
However since beginning graduate school, I have been challenged to think more
critically, to push beyond what was easy and to accept responsibly for my part
in shaping reality.
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