Difference between revisions of "Whistleblower Protection Laws"

Line 152: Line 152:
|-
|-
|}
|}
=='''Four advantages to bringing a SOX claim in addition to a Dodd-Frank claim:'''==
*<u>Uncapped special damages:</u> The Dodd-Frank Act authorizes economic damages and equitable relief but does not authorize non-economic damages.  In contrast, SOX authorizes uncapped “special damages” for emotional distress and reputational harm.
*<u>Exemption from mandatory arbitration:</u>  SOX provides an unequivocal exemption from mandatory arbitration, but Dodd-Frank claims are subject to arbitration.
*<u>Preliminary reinstatement:</u>  If an OSHA investigation concludes that an employer violated the whistleblower protection provision of SOX, OSHA can order the employer to reinstate the whistleblower.
*<u>Favorable causation standard:</u>  A far more generous burden of proof (“contributing factor” causation under SOX, rather than “but for” causation under Dodd-Frank).
=='''Four advantages to bringing a Dodd-Frank claim in addition to a SOX claim:'''==
*<u>Double back pay:</u>  Dodd-Frank authorizes an award of double back pay (double lost wages) plus interest, whereas SOX authorizes ordinary back pay with interest along with other damages. Both statutes authorize reinstatement and attorney fees.
*<u>Longer statute of limitations:</u>  Whereas the statute of limitations for a SOX retaliation claim is just 180 days, the statute of limitations for a Dodd-Frank retaliation claim is six to ten years.
*<u>Broader scope of coverage:</u>  SOX whistleblower protection applies primarily to employees of public companies and contractors of public companies.  The Dodd-Frank prohibition against whistleblower retaliation applies to “any employer,” not just public companies.
*<u>No administrative exhaustion:</u>  In contrast to SOX, Dodd-Frank permits a whistleblower to sue a current or former employer directly in federal district court without first exhausting administrative remedies at DOL.


='''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'''=