Vicarious Liability, Colleagues, and the NASW Code of Ethics
by Terri Cooley-Bennett, DSW Candidate, LCSW, LSCSW, CCDP-D, TTS
What is Vicarious Liability
Vicarious Liability is legal terminology, termed as respondeat superior which means, “let the superior reply.” This doctrine is also known as “vicarious liability” (Reamer, 1998). Under this concept, social workers can be held liable for the actions of others including colleagues, supervisees, peer support specialists, and other staff in the workplace.
Vicarious Liability and the NASW Code of Ethics
As documented in the NASW code of ethics, ethical standard 2.10 addresses the unethical conduct of colleague, 2.09 addresses the incompetence of a colleague, 2.08 addresses the impairment of a colleague (NASW, 2024). A social worker may be liable when a colleague displays unethical conduct, is impaired, or is incompetent. If the colleague’s conduct causes a problem in the workplace or harms clients, this is concerning. Social workers have an ethical responsibility to correct the unethical conduct of a colleague and to address it, including unethical conduct in the use of technology. Unethical conduct may cause harm to a client and protecting clients from harm is of utmost importance.
It is a social worker’s responsibility to be aware of polices and processes for managing the unethical behavior of colleagues. Regular review of licensing board regulations, the NASW code of ethics, and agency policies is important to manage concerns. It may be necessary to seek supervision and consult the literature. The code recommends that concerns be brought to the attention of the colleague, if possible. When necessary, action should be taken, including contacting Missouri NASW or NASW, the licensing board, or other authorities. In the case of an unjust charge, a social worker should advocate for their colleague. Incompetence and impairment of a colleague should be addressed in an equivalent manner and the same processes should be followed to ensure that clients do not experience harm, vicarious liability risk is managed, and ethical practices are attained.
References:
NASW. 2. Social workers' ethical responsibilities to colleagues. Retrieved April 4, 2024, from https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English/Social-Workers-Ethical-Responsibilities-to-Colleagues
Reamer, F. G. (1998). Ethical standards in social work: a critical review of the NASW code of ethics. NASW Press.