Position Statement on the Use of Non-Compete Agreements

with Applied Behavior Analysis Workers

The purpose of this position statement is to provide guidance to organizations regarding hiring practices that could be potentially restrictive to behavior analysts. Employers have been using non-compete agreements with healthcare and homecare workers for a long time.

Within the field of ABA, the increasing competitiveness of acquiring staff is causing employers to use agreements that are more and more restrictive and are using them more frequently. Oftentimes, this results in patients and clients not having access to specialized care because of the small number of qualified workers in our practice areas.

The position of Behavioral Health Center of Excellence (BHCOE) is based on its experience working with organizations and their staff and our understanding of the implications that non-compete agreements are having on the ABA employment market.