Difference between revisions of "Whistleblower Protection Laws"

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This table identifies some of the major differences between the anti-retaliation provisions of SOX and Dodd-Frank.  To maximize the potential recovery, a whistleblower could initially bring a SOX claim at OSHA and subsequently remove it to federal court and also bring a Dodd-Frank claim.  Doing so could enable the whistleblower to recover double back pay and uncapped special damages.
This table identifies some of the major differences between the anti-retaliation provisions of SOX and Dodd-Frank.  To maximize the potential recovery, a whistleblower could initially bring a SOX claim at OSHA and subsequently remove it to federal court and also bring a Dodd-Frank claim.  Doing so could enable the whistleblower to recover double back pay and uncapped special damages.


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{| class="wikitable"
|-
|Topic Area
|SOX
|Dodd-Frank
|-
|Scope of Coverage
|Any company with a class of securities registered under section 12 of the Securities Exchange Act of 1934, or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934, including any subsidiary or affiliate whose financial information is included in the consolidated financial statements of such company, or nationally recognized statistical rating organization, or any officer, employee, contractor, subcontractor, or agent of such company.
|Any employer
|-
|Protection for internal whistleblowing
|Yes
|Internal whistleblowing protected only if individual has also reported a possible securities violation to the SEC
|-
|Protection for whistleblowing to SEC
|Yes
|Yes
|-
|Statute of Limitations
|180 days
|6 years
|-
|Administrative Exhaustion
|Must file initially with OSHA
|None
|-
|Arbitration
|Exempt from mandatory arbitration
|Not exempt
|-
|Back pay
|Ordinary back pay
|Double back pay
|-
|Special damages for emotional distress and reputational harm
|Available
|Not available
|-
|}


='''Section 1985 Haddle Remedy for Conspiracy to Interfere with Civil Rights of SEC Whistleblowers'''=
='''Section 1985 Haddle Remedy for Conspiracy to Interfere with Civil Rights of SEC Whistleblowers'''=