Forum
U.S. Department of Labor Administrative Review Board
Case Status
Decided
Docket Number
07-123
Case Updates
Department of Labor's Administrative Review Board expands scope of whistleblower protection provisions
May 25, 2011
The United States Department of Labor’s (DOL) Administrative Review Board (ARB) issued an en banc decision significantly broadening the scope of what constitutes protected activity under the whistleblower protection provisions in Section 806 of the Sarbanes-Oxley Act of 2002 (SOX).
U.S. Chamber files amicus brief
December 20, 2010
NCLC urged the Administrative Review Board to refuse to expand Sarbanes-Oxley's whistleblower provisions to cover two employees who allegedly suffered retaliation after reporting that coworkers falsely recorded data from clinical drug trials. The administrative law judge ruled that the plaintiffs could not obtain whistleblower protection because the alleged conduct was not adverse to investors' interests. NCLC argued that the Sarbanes-Oxley Act (SOX) only offers protection when claims of shareholder fraud are raised. NCLC warned that using SOX as a catch-all for wrongful termination cases would dramatically expand the statute.