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Legally Enforcing Ethics

by Michelle H. McGinnis, Brian S. Dicker, and Veronica Getskow
January/February 2014
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Article Link: http://exchangepress.com/article/legally-enforcing-ethics/5021532/

Editor’s Note: The information in this article is intended as general practical advice based upon legal considerations. It is NOT intended as legal advice. Applicable laws vary from state to state. Consult with a lawyer for your specific legal needs. For more information, go to ChildCareCompliance.com and register free of charge. Register now and you will be alerted when the updated childcare law informa­tion is posted and webinars are scheduled. All references to NAEYC Code of Ethics were based upon the most recent 2011 version available on line at naeyc.org.


Administrators make hundreds of decisions daily. Invariably, parents, staff, and children scrutinize their decisions. What rules should guide them? The right answer should be: legal duty, ­ethical duty, and professional duty.

Administrators struggle with how to enforce ethical and professional duties with staff. Company values and the Code of Ethics are often handled as goals, suggestions, or recommendations. In fact, administrators can indeed make company values or the Code of Ethics a binding, enforceable legal document. This article will demonstrate how ethical and professional duties become enforceable when they are properly incorporated into legal contracts. This means an employer has an employee sign a statement agreeing to obey the policies identified ...

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