5. Clinical Supervision Practice Management

Practicing clear communication Identifying inclusion inhibitors & implementing inclusion enhancers Leading by example: Practicing authenticity & alignment Practicing clinical supervision within the profession's standards of practice Recruiting competent supervisees Implementing competency skills management Managing conflict & resolving disputes Managing in compliance with the law Confronting and eliminating discrimination and harassment

Skill #5 Recruiting Competent Supervisees

All employers have the legal right and an economic responsibility to hire qualified, competent individuals to perform essential job functions. The various laws governing the employer/employee relationship are not intended to hinder the employment process. They are intended to eliminate discriminatory practices that would exclude qualified persons from obtaining gainful employment.

Interviewing Exercise

Review the following scenario then complete the exercise beneath it. Place a check mark in the "Legal" column if you believe the question is legal to ask in a hiring interview. Place a check mark in the "Illegal" column if you believe the question is illegal to ask in a hiring interview.

Hiring Interview Scenario

You are a Clinical Supervisor at the Family Service Center. You are interviewing an Intern candidate for a current opening at the center. The primary responsibilities for this position are case management, therapeutic services to couples, families and children and functioning as a liaison with social services agency workers who supervise many of the clients that will be on the incumbent intern's caseload.

The candidate's resume indicates that the candidate has a Master of Science degree in Marriage, Family and Child Counseling; a bachelor's degree in Social Work, and a total of four years work experience in two previous positions. These include a residential treatment center; working with adolescent offenders in a caseworker role, and at a crisis counseling center, doing both telephone crisis counseling and interventions, and some short-term crisis counseling on an out-patient basis.

Interviewing Exercise Answers

1. "How were you referred to the Family Service Center?"
LEGAL
This is a legal question. Employers often track where referrals came from to better target their marketing and recruiting budget because of the high costs of advertising in multiple locations.

2. "Are you a United States Citizen?"
ILLEGAL
This question is illegal unless the applicant is being hired for a government position that may require a security clearance. It is potentially a form of discrimination against legal aliens with some form of a work visa or green card.
A legal form of this question would be, "If I were to offer you employment, could you document your legal right to work in this country?"

3. "Where were you born?"
ILLEGAL
This question is illegal because the answer could be used to discriminate against the applicant because of his or her National Origin, Race or Ethnicity. All of these are protected classes under Title VII of the Civil Rights Act.

4. "Is English your first language?"
ILLEGAL
This question is illegal because the answer could be used to discriminate against the applicant because of his or her National Origin, Race, or Ethnicity all of which are protected classes under Title VII of the Civil Rights Act of 1964.

5. "Are you a member of any religious group?"
ILLEGAL
This question is illegal because the answer could be used to discriminate against an applicant because of his or her religion, a protected class under Title VII of the Civil Rights Act of 1964.

6. Was your graduate degree program accredited by COAMFTE or the APA?"
LEGAL
This may be a legal question if:
(1) The Family Service Center requires it as a condition of employment and can demonstrate that such a requirement is an essential prerequisite for performing the essential duties of the position, and
(2) The same standard is applied to all applicants and the same question is asked of each applicant.

7. "Are you proficient in word processing, spreadsheets and Internet browser software use?"
ILLEGAL
This question is illegal unless proficiency in word processing, spreadsheets and Internet browser software use are all requirements to perform the essential duties of the job. If these duties are required, then specific standards must be identified along with an objective method for measuring or assessing competency in each skill set.

8. "Have you ever been arrested?"
ILLEGAL
The Constitution of the United States in The Bill of Rights, Article VII, guarantees all accused citizens "the right to a speedy, public trial by an impartial jury" of their peers in which they are "informed of the nature and cause of the accusation" and can confront their accusers or witnesses against them.

People may be arrested but not convicted. An arrest record does not necessarily mean that a person was actually tried and convicted of a crime. It is also a restricted question by the E.E.O.C. (Equal Employment Opportunity Commission), because they consider that the probability is greater that members of minority groups have a statistically higher arrest rate than non-majority people. Using arrest records could result in discrimination based on color, national origin, or ethnicity, all of which are protected classes under Title VII.

In some specific instances, an arrest and conviction record may be used to not hire an individual. The employer must be able to show a direct relationship between the convicted offense and the nature and duties of the position for which they have been rejected. Such crimes could include dishonesty or theft if the position required handling money or other financial instruments, or confidential information. Additionally, crimes involving physical violence, assault, battery, etc., could be relevant to employee or customer/client safety.

9. "Have you ever filed for bankruptcy?"
ILLEGAL
This question could open the door to a discussion about a past disability, medical condition or workers compensation claim that resulted in loss of employment, insurmountable medical bills and the necessity for protection and relief under federal bankruptcy laws. These circumstances are irrelevant to the position and could lead to potential allegations of discrimination toward the applicant based on a disability that may be protected by the Americans with Disabilities Act.

10. "How many families have you treated since graduating from your Master's program?"
LEGAL
This question is legal because employers have the right to assess an applicant's ability to perform essential job functions. This question allows the hiring manager to assess the applicant's work experience in treating families. Additional follow-up questions would also be necessary to further assess specific therapeutic skills and abilities in the treatment of families.

11. "Tell me about your most challenging treatment case, including what presented as the greatest challenge and how you managed it."
LEGAL
This question is also a skills assessment question. The interviewer should have a clear set of expectations in mind beforehand that will assist in the evaluation of the applicant's responses to this question.

This type of question allows the interviewer to assess more intangible skills such as judgment, insight, self-awareness, and the ability to learn from previous experiences.

12. "Are you married or in a committed relationship?"
ILLEGAL
Many states consider marital status a protected class, therefore, it is prudent to avoid any form of questioning about an applicant's relationship status including marriage, divorce, being single or separated, or living with a partner in a committed relationship.

Additionally, many states and municipalities consider sexual orientation a protected class. This type of question could also lay the foundation for future allegations of discrimination based on sexual orientation.

13. "Do you have a valid driver's license?"
ILLEGAL
This question is illegal because it could uncover the existence of a disability that would not interfere with or restrict an applicant from performing the essential duties of the job. Many types of disabilities are protected under the Americans with Disabilities Act and it is illegal to discriminate against any qualified applicant who could perform the essential duties of the job with or without a reasonable accommodation. If a valid and current driver's license were required to perform essential job functions, e.g., driving a company vehicle, then this question would be legal.

14. "Tell me about your previous work experience and how it has prepared you to work here at the Family Service Center."
LEGAL
This question is also a skills assessment question. It assists the interviewer in assessing the applicant's previous work experience to determine his or her ability to perform essential job functions based on previous, related work experiences.

After you have obtained the applicant's perspective on how previous work experience has prepared him or her for this position, you may formulate additional questions to probe and explore this area further.

15. "How many sick days have you used in the past two years of your employment?"
ILLEGAL
This is an illegal question because the use of sick days would have been authorized absences that the applicant was entitled to use as an employee benefit. Questioning an applicant for details about the illness or condition triggering the authorized absence could open the door to a discussion about a workers compensation claim, disability claim or some other protected area. If the applicant is qualified for the position but not hired, then he or she could allege discriminatory hiring practices based on the protected area disclosed in the interview. If a compliant is filed with the E.E.O.C. or any other civil rights or EEO group, the burden could fall upon the hiring manager and the employer to demonstrate that the decision not to hire was in fact based upon non- discriminatory factors to avoid possible liabilities, fines and punitive damages.

A similar question may be asked in a legal form. A hiring manager may ask an applicant, "How many days of unauthorized absences did you have in the past two years of your employment?"

16. "Have you ever filed a worker’s compensation or disability claim?"
ILLEGAL
All employees have the legal, protected right to file claims under state workers compensation laws in all 50 states and in protected territories of the United States for any on the job injuries. Employers are exempt from any litigation by employees for damages as a result of an on the job injury in exchange for providing this coverage. The details of these claims may be confidential medical and personnel records. The Americans with Disabilities Act offers protection from discrimination against qualified disabilities, and the burden of proof could fall upon the employer to demonstrate that a decision not to hire was based upon factors other than discrimination against an existing or previous disability.

Similarly, claims for short-term disability, long-term disability or permanent disability under employee sponsored disability insurance plans, state disability plans or federal disability plans including social security are also employee rights. The Americans with Disabilities Act protects employees with qualified disabilities from discrimination. The burden could fall upon the employer to prove that a decision not to hire an applicant with a qualified disability was based on factors other than the previous or existing disability or medical condition.

17. "Why did you leave your last employer?"
LEGAL
This is a legal question. It assists the hiring manager in assessing judgment, impulse control, self-responsibility, thinking ahead skills, relationships skills and in cases of discharge or termination, honesty.

The applicant may have received an attractive offer and been recruited by another employer. If appropriate notice was given to the current employer, this speaks to the applicant's interest in and pursuit of professional development and career advancement. If the applicant left his or her previous employer for a new opportunity without giving appropriate notice, this could cause some concern about judgment, impulse control and self-responsibility.

If the applicant left because of personality conflicts with his or her supervisor or with colleagues, this could cause some concern about relationship skills, conflict resolution skills or possible issues around conflicts with authority figures.

When applicants have been terminated for cause or because of layoffs, downsizing, shutdowns or other reasons it can usually be discovered through background and reference checks. If the applicant answers this question by saying he or she resigned and it is later discovered that a termination led to the end of the employer/employee relationship some cause for concern about the applicant's honesty and integrity could arise.

18. "Tell me what you consider to be your three greatest strengths and your three greatest weaknesses as a clinician and why."
LEGAL
Hiring managers may legally ask this question to assess an applicant's judgment and personal insights that would directly affect his or her ability to perform the job. The objective with this type of question is to determine the applicant's ability to self-assess strengths and weaknesses. The specific way in which they answer this question is also the source of invaluable data for further questioning and assessment.

19. "Tell me about a time when you made a mistake in clinical judgment and how you handled it."
LEGAL

20. "What is your birth date?"
ILLEGAL
This question is illegal under The ADEA (Age Discrimination in Employment Act of 1967) because age (40 years of age and older) is a protected class. The ADEA's protections apply to both applicants and current employees.

21. "I see you are pregnant, how long do you think you will be off on maternity leave if I do hire you?"
ILLEGAL
Discrimination in the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under the Pregnancy Discrimination Act, an amendment to Title VII of The Civil Rights Act of 1964. Additionally, the E.E.O.C. requires that female employees who are temporarily unable to perform a job due to pregnancy must be treated the same as any other temporarily disabled employee.

22. Do you have adequate childcare arrangements for after the baby is born?
ILLEGAL
This question is probably illegal based on gender discrimination because it is not a question likely to be asked of a male applicant, even if the male applicant disclosed during the interview that his spouse or significant other was expecting a newborn child in the near future.

23. "I notice that you are wearing thick glasses. There is a lot of paperwork in this job. Is that going to be a problem for you?"
ILLEGAL
This question could result in requiring the employer to provide accommodation when it might not otherwise have been necessary. The burden for disclosure of a disability falls upon the employee or applicant to apprise the employer of a need for reasonable accommodation in order to perform essential job functions. If an employer inquires about a disability and the need for accommodation then the courts have interpreted this as "regarding the individual as having such an impairment" which is part of the ADA's definition of an "Individual with a Disability." Therefore, such regard could lead to the necessity of providing accommodation when the employer might not otherwise have been required to do so if the individual had not requested a reasonable accommodation (United States E.E.O.C. 2001b).

Legal Questions & Requests For Information In The Hiring Process

There are several types of questions or requests for information that are illegal to ask of employment applicants under various federal and state laws. Many inquiries are illegal to ask on written applications for employment or during a job interview.

A job application or interviewer cannot ask an applicant to disclose information about his or her:

• Race
• Age
• Birth date
• Birthplace
• Past address
• Religion
• Membership in organizations
• Residence status (own, rent, lease)
• Financial obligations, bankruptcies, foreclosures, wage garnishees, loans
• Inquiries about visible physical characteristics (scarring, burns, missing arms or legs, prosthetic devices)
• National Origin
• Spoken languages unless a specific position requirement
• Marital Status (e.g., single, living together, married, divorced, separated)
• Maiden Name
• Childbearing (children/dependents; and/or number, names or ages)
• Birth control
• Spousal employment
• Child care arrangements
• Willingness to travel or relocate unless a specific position requirement
• Arrest records that did not result in convictions
• Availability to work certain days, shifts, weekends, late shifts unless a specific position requirement
• Height or weight (except in specific professions like law enforcement and firefighters with specific, established national guidelines)
• Prior workers compensation or disability claims
• Existence, nature, or severity of a mental or physical disability
• Psychological well-being
• Previous injuries or diseases
• Driver's license unless required to perform essential job functions
• Military experience, history unless the job requires this specific background
• Status as a high school graduate
• Lowest acceptable wage for a specific position

Here are some acceptable questions that may be asked in either a written job application or during a job interview.

• Are you 18 years of age or older?
• If offered employment, could you document your legal right to work in this country?
• Is there anything that would preclude you from being able to perform the essential duties of this job as I have explained them with or without a reasonable accommodation?
• Describe your previous work experience and tell me how it qualifies you for this position
• Tell me about your education and how it qualifies you for this position
• Tell me about any additional training, workshops, seminars or internships you may have participated in that contribute to your qualifications for this position
• What are your career interests?
• Are you a member of any professional associations related to this position?
• Can you provide me with professional and personal references?
• Why did you leave your last employer?
• Were you ever terminated from any employment?
• How many days of unauthorized absences did you have in the last 12 months of your previous position?

After a conditional offer of employment has been made, then an employer may ask certain disability-related questions that were previously considered unlawful. The E.E.O.C. states the following in its Enforcement Guidance: Pre employment Disability-Related Questions and Medical Examinations publication:

Under the law, an employer may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional job offer to the applicant. This helps ensure that an applicant's possible hidden disability (including a prior history of a disability) is not considered before the employer evaluates an applicant's non-medical qualifications. An employer may not ask disability-related questions or require a medical examination pre-offer even if it intends to look at the answers or results only at the post-offer stage" (United States E.E.O.C. 1999b, p. 2).

In terms of general guidelines and principles around non-discriminatory hiring practices, hiring managers should familiarize themselves with local, state and federal laws governing employment practices. Many states and local EEO (Equal Employment Opportunity) offices provide published guidelines on pre-employment interviewing. Additionally, many human resources departments now provide structured interviews with pre-determined, open-ended and behaviorally based questions for most positions within the company. If these are available, they should be used consistently.

It is also important to avoid making comments to minority applicants about how their presence in the organization will help create more diversity or assist the company in reaching its affirmative action goals. Such remarks are self-serving and potentially insulting or demeaning to the applicant. It also opens the door for the applicant to question whether he or she is being hired based on merit or based on an affirmative action goal.

Remember, your objective in a hiring interview is to assess an applicant's education, experience, skills, abilities, interests and motivation in relationship to his or her ability to perform the essential functions of the position you are trying to fill. Ask anything that will help you achieve this objective. Avoid asking anything that could be construed as unrelated to your objective.

I was eating lunch in a small restaurant in Denver, Colorado during a break from teaching a supervisor's employment laws and practices course for a Fortune 100 client. A woman at the table next to me was conducting a job interview over lunch. I was listening to her questions during this brief interview and she followed the spirit and letter of the law all the way through. She ended the interview by making a job offer to the applicant and the offer was accepted. They negotiated a start date and shook hands. The handshake was immediately followed by this series of questions:

"Are you married?" "Do you have children?" "How old are they?" "Where does your husband work?"

All these questions were appropriate and legal in a social context. The interview was closed and an offer was made and accepted. It is perfectly appropriate to engage in social conversation with coworkers—even brand new ones by a period of few seconds!

These principles should be practiced in all your hiring activities:

• Always ask the same questions of every applicant for a specific position
• Ask any question you can think of that will help you assess an applicant's experience, education, training, skill, or abilities to perform each essential job function in the position you are trying to fill
• Avoid all illegal questions or questions that could imply discriminatory intent
• Remember, an interview is not a social setting. You are not "breaking the ice" or "getting acquainted;" your primary objective is to conduct an assessment of this particular applicant's ability to perform essential job functions.
• Do not use psychological assessments unless they are specifically designed and statistically normed and validated for assessing job applicants and measuring individual abilities and skills for specific job functions. Any valid assessment company should be able to provide you with a technical manual and a legal opinion supporting the instruments used for pre-employment assessments.

Identifying Core Competencies

Identifying core competencies is the first step in preparing a position description. For each core competency, standards should be developed that articulate how the core competency will be assessed.

When standards are expressed in tangible, measurable terms it makes the assessment process much more objective. Many standards are not easily expressed in this manner. When it is difficult or impossible to state the standard in a tangible, measurable format then the goals designed to meet the standard must be stated in tangible, measurable terms so that progress toward the standard can be evaluated.

Seven core competencies are recommended for a supervisee position description (job description). These are: (1) Practice Management, (2) Therapeutic Milieu, (3) Processing, (4) Integration, (5) Therapeutic Structure, (6) Interventions, and (7) Professional Development. Each competency is supported by competency standards

#1 PRACTICE MANAGEMENT COMPETENCY
These are standards that demonstrate a supervisee's ability to coordinate a caseload and follow agency policies & procedures.

1. A Supervisee can consistently & accurately complete all documentation requirements on or before the assigned due date or time.
2. A Supervisee can consistently follow all established agency policies & procedures.
3. A Supervisee consistently demonstrates accurate applications of DSM IVR.
4. A Supervisee consistently & accurately implements a model of interactions diagnostics.
5. A Supervisee consistently initiates and sustains collaborative working relationships with agency referral sources and other professionals.
6. A Supervisee consistently demonstrates an ability to initiate and sustain collegial working relationships with other interns, coworkers, and agency staff.

#2 THERAPEUTIC MILIEU COMPETENCY
These are standards that demonstrate a supervisee's ability to initiate and sustain therapeutic relationships with clients.

1. A Supervisee consistently effectively communicates respect and acceptance to clients.
2. A Supervisee consistently effectively communicates warmth & affirms worth & value to clients.
3. A Supervisee consistently effectively communicates affirmation of uniqueness, strengths & potential to clients.
4. A Supervisee consistently effectively communicates belief in problem-solving capacity to clients.
5. A Supervisee consistently effectively demonstrates use of self in initiating and sustaining the therapeutic relationship.
6. A Supervisee consistently maintains engagement with clients in therapy.

#3 PROCESSING COMPETENCY
These are standards that demonstrate a supervisee's ability to observe and comprehend therapeutic interactions.

1. A Supervisee consistently observes similarities in global system interactions patterns.
2. A Supervisee consistently articulates and addresses more general systemic patterns.
3. A Supervisee consistently assesses self as part of the system and uses self in specific therapeutic interventions.
4. A Supervisee is consistently aware of influence of self in all therapeutic interactions and interventions with clients.

#4 INTEGRATION COMPETENCY
These are standards that demonstrate a supervisee's ability to integrate observations with theory to construct appropriate treatment goals and therapeutic interventions.

1. A Supervisee is familiar with multiple therapeutic models and can compare and contrast various model approaches to cases.
2. A Supervisee develops a personal model of change, incrementally gaining comfort within this framework.
3. A Supervisee consistently creates session plans considering previous sessions for cases.
4. A Supervisee consistently formulates a coherent and comprehensive overall plan for cases.
5. A Supervisee demonstrates consistency in assessing extra-familial stress upon the system and designs appropriate interventions.
6. A Supervisee is skilled in assessing impact of extra familial stress, consistently intervening by including others in the support system.
7. A Supervisee is skilled at consistently convening meetings involving clients & professionals regarding client treatment planning and interventions.
8. A Supervisee consistently demonstrates ability to consider cultural diversity issues of self and clients in therapy by acknowledging blind spots, stereotypes and incongruities when they arise or are brought to his or her attention.
9. A Supervisee consistently demonstrates ability to recognize influence of gender in clinical assessment and therapeutic interventions with clients and families.
10. A Supervisee consistently demonstrates awareness & sensitivity to culture/diversity issues (race/color, ethnicity/cultural issues, sexual/relational orientation, age/generation, individual differences/styles, abilities/disabilities, religion/spirituality) in clinical assessments, treatment planning and interventions.

#5 THERAPEUTIC STRUCTURE COMPETENCY
These are standards that demonstrate a supervisee's ability to direct the therapeutic process and relationships appropriately.

1. A Supervisee consistently restructures client interactions verbally and/or physically with a variety of theoretically based interventions.
2. A Supervisee consistently restructures client interactions verbally and/or physically utilizing interventions based on personal model of change.
3. A Supervisee consistently constructs clear, appropriate and realistic therapeutic goals and periodically reviews them with clients.
4. A Supervisee consistently bridges client goals with those of the larger treatment context and periodically reviews them with clients.
5. A Supervisee consistently terminates treatment in a planned manner.
6. A Supervisee consistently terminates treatment in an ethical and cost-effective manner.

#6 INTERVENTIONS COMPETENCY
These are standards that demonstrate a supervisee's ability to construct therapeutic interventions that will facilitate change.

1. A Supervisee consistently links clearly defined theory with a variety of alternative therapeutic interventions that will facilitate change.
2. A Supervisee consistently demonstrates ability to rationally link preferred interventions to personal theory.
3. A Supervisee conscientiously and consistently follows up on interventions.
4. A Supervisee consistently expands on previous therapeutic interventions.
5. A Supervisee consistently demonstrates familiarity with and use of a variety of clinical interventions in each case.
6. A Supervisee consistently incrementally improves individual learning and intervention skills development.

#7 PROFESSIONAL DEVELOPMENT COMPETENCY
These are standards that demonstrate a supervisee's ability to promote professional growth and present oneself as a therapist.

1. A Supervisee consistently demonstrates self-directed learning by pursuing constructive feedback from clinical supervisor, integrating it into therapeutic assessments, evaluations and clinical interventions.
2. A Supervisee consistently self-supervises and seeks consultation from colleagues as a normal part of professional activity, integrating into therapeutic assessments, evaluations and clinical interventions.
3. A Supervisee consistently recognizes and responds appropriately to ethical issues, in accordance with professional standards and codes of ethical behaviors.
4. A Supervisee consistently presents self as a responsible professional to clients and other professionals.
5. A Supervisee consistently comes prepared for clinical supervision, providing raw data, and live observation, tape, or case presentation materials as directed by the clinical supervisor.
6. A Supervisee is consistently self-reflective of his or her own work and integrates feedback from self and others to create personal goals for future professional growth.

Creating Position Descriptions

The following document is a sample position description for a Supervisee incorporating the seven core competencies and supporting standards previously outlined for this position.

Assessing Education, Skills & Experience for Job Fit

When preparing for a job interview, the hiring manager and/or clinical supervisor should review the position description to formulate interview questions that will assist in the process of assessing each applicant's education, skills and experience to determine job fit.

Along with conducting job interviews, references should also be checked with previous supervisors of positions held by the applicant in which similar job duties were performed. The following form, a Supervisee Competency Assessment, may be sent, along with the reference checking form used by the agency to gather additional data on the applicant's competencies and standards for this position.

Previous competence in a particular job is always the best indicator of future competence in the same or similar position. Gathering and reviewing this data along with the other assessment tools used in the hiring and selection process will significantly improve your ability to put the right people in the right positions in your agency.

An informed consent and release is incorporated into the form. The applicant should be asked to review the Supervisee Competency Assessment form, and sign and date the informed consent and release section before it is sent to any previous supervisors. One form should be sent to each previous supervisor with whom the applicant has worked to obtain the most data for assessment and evaluation in the hiring and selection process.

Study Questions

How would you rate your interviewing skills?

What are your areas of strength?

What are your areas for growth?

Create an action plan for growth areas.

How could you implement the core competencies and supporting standards model into your clinical practice?

How could you use this model for other position descriptions in your agency or company?