Difference between revisions of "Whistleblower Protection Laws"

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=[[Dodd-Frank Act]]=
=[[Dodd-Frank Act]]=
The whistleblower protection provision of the Dodd-Frank Act prohibits retaliation against a whistleblower for lawful actions taken by a whistleblower:
#in providing information to the Commission in accordance with this section;
#in initiating, testifying in, or assisting in any investigation or judicial or administrative action of the Commission based upon or related to such information; or
#in making disclosures that are required or protected under the Sarbanes-Oxley Act of 2002 (15 U.S.C. [§§] 7201 et seq.), this chapter, including section 78j-1(m) of this title, section 1513(e) of Title 18, and any other law, rule, or regulation subject to the jurisdiction of the Commission.
15 U.S.C. § 78u-6(h)(1)(A).  A prevailing whistleblower can secure reinstatement and recover double back pay and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees.
In February 2018, the Supreme Court held in [https://www.supremecourt.gov/opinions/17pdf/16-1276_b0nd.pdf Somers] that the anti-retaliation provision of the Dodd-Frank Act projects a whistleblower only where the whistleblower has disclosed a potential securities law violation to the SEC.  Somers also clarified that once an employee has provided information to the SEC, subsequent internal disclosures are protected absent proof that the employer had knowledge of the disclosure to the SEC.
Post Somers, the SEC has indicated that it will continue to prioritize whistleblower protection as a key tool to encourage whistleblowers to come forward.  In a June 28, 2018 public statement at the open meeting announcing the Proposed Rulemaking, Chair Clayton stated: “Many have asked whether the SEC will continue to enforce the anti-retaliation provisions of Dodd-Frank. Let me be clear: retaliation protections are a key component of the whistleblower program, and we will bring charges against companies or individuals who violate the anti-retaliation protections when appropriate.” [https://www.sec.gov/news/public-statement/statement-open-meeting-amendments-commissions-whistleblower-program-rules Statement at Open Meeting on Amendments to the Commission’s Whistleblower Program Rules.]
=[[Defense Contractor Whistleblower Protection Act]]=
=[[Defense Contractor Whistleblower Protection Act]]=