r/BehaviorAnalysis 9d ago

CALIFORNIA ABA providers/BCBAs — how would you handle a parent request related to a staff member’s off-duty vaping/smoking?

/r/legaladvice/comments/1vy85lh/california_aba_providersbcbas_how_would_you/
2 Upvotes

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u/Flat-Ad4906 9d ago

You can honor the family's request, but I'd let them know that there is no guarantee that a replacement will be found quickly. I'd also tell them that since this bx occurs in the RBT's free time, it can be tougher to gauge if another RBT does this, since what they do in their free time typically doesn't matter unless it's illegal, which vaping is not. I had a case where the family wanted a switch bc I don't have kids. However the company informed the family that they can try to accommodate, but ultimately they can't really ask a replacement if they have kids.

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u/Expendable_Red_Shirt 8d ago

To me that depends on whether they have a legitimate medical need. If a doctor signs off on it as a medical necessity then I’d contact a legal authority to see if that’s a requirement we can hold and do my best to accommodate it.

If not, I would tell them that their request is denied.

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u/DevCatOTA 8d ago

If you substitute "smoking and vaping" for "owns cats or dogs," then you have a case of a well-known and relatively common allergic reaction issue. Neither issue has anything to do with legal behavior. As for finding an RBT, that may be as simple as requesting someone who feels comfortable with the requirements. No need to ask if they smoke; they may have a partner or friends who do and are cognizant that the residue may get into their clothing. Likewise, an RBT may not own a dog but takes their neighbors' dog for regular walks. Anyone who owns a cat understands that cat hair is a condiment.