Noncompete Clauses in Applied Behavior Analysis: A Prevalence and Practice Impact Survey
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RESEARCH ARTICLE
Noncompete Clauses in Applied Behavior Analysis: A Prevalence and Practice Impact Survey Kristopher J. Brown 1
&
Stephen R. Flora 1 & Mary K. Brown 1
# Association for Behavior Analysis International 2020
Abstract The field of applied behavior analysis (ABA) has grown substantially in the past decade. Behavior analysts seeking out new employment may have to weigh benefits such as pay, health care, and conditions of employment during negotiations. One condition of employment used in employment contracts is noncompete clauses (NCCs). NCCs are agreements between employers and employees that restrict the employee’s ability to work in a specific field after employment ends. Although they can provide businesses with security, NCCs have the potential to impact how, when, and whom practitioners can serve after employment ends. Although NCCs and their effects have been studied in other fields, to our knowledge no analysis has occurred in the field of ABA. We surveyed 610 practicing behavior analysts to determine the prevalence of NCCs in the field of ABA and how respondents viewed the impact of NCCs on the field; one third (33.1%) of respondents indicated that their contract contained an NCC, and opinions on their potential impact were largely unfavorable. Results are discussed with regard to how NCCs can impact the growth of ABA, possible behavioral functions, possible alternatives to their use, and directions for future research. Keywords Applied behavior analysis . Autism . Noncompete . Professional practice
The field of applied behavior analysis (ABA) has grown exponentially in the last decade, with an increase of over 28,000 certificants (Behavior Analyst Certification Board [BACB], 2019). Payment for services by private insurance and Research Highlights • This research can help inform behavior analysts about the nature and prevalence of noncompete clauses (NCCs) and the opinions of professionals regarding the use of NCCs in employment in the field of applied behavior analysis (ABA). • This research can help educate behavior analysts on NCCs in ABA and help them make more informed decisions in the job search process. • This research can aid business owners to better understand the prevailing opinions on NCCs on the part of employees and other professionals in ABA and help them make informed decisions in their hiring process/ practices. • This research can help policy makers better understand the prevailing opinions of professionals in the field of ABA on how NCCs impact their ability to function in professional roles. • This research can help business owners and policy makers better understand the likely aversive effects of NCCs in the field of ABA. * Kristopher J. Brown [email protected] 1
Department of Psychology, Youngstown State University, One University Plaza, Youngstown, OH 44555, USA
managed care organizations has helped legitimize the field as a recognized medical treatment for autism spectrum disorder (ASD) and has provided a revenue source for treatment providers (Carr & Nosik, 2017).
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