Experts: SCOTUS ruling shifts onus to employers in whistleblower cases
By 
Aaron Nicodemus2024-02-12T21:35:00
The Supreme Court’s unanimous decision Thursday to reaffirm whistleblower protections under the Sarbanes-Oxley Act (SOX) in a case involving UBS has wide ramifications in many other industries beyond financial services, legal experts told Compliance Week.
The case, Murray v. UBS Securities, saw the court rule whistleblowers don’t have to prove they were terminated because of “retaliatory intent”—a precedent that broadly impacts corporate internal reporting cases in favor of whistleblowers.
“This ruling goes way beyond SOX,” said Gordon Schnell, partner with whistleblower law firm Constantine Cannon. The court’s decision referenced other whistleblower protection laws besides SOX, he said, including laws covering whistleblowing by civil servants and employees in the aviation, food, pharmaceuticals, auto safety, consumer product, and energy industries.
Related articles
-
News BriefDOJ on sprint toward pilot whistleblower reward program
Deputy Attorney General Lisa Monaco said the Department of Justice will look to fill gaps in its whistleblower procedures with the launch of a 90-day sprint toward a DOJ-led pilot whistleblower reward program.
-
News BriefSCOTUS reaffirms whistleblower protections in ruling against UBS
The Supreme Court reaffirmed whistleblower protections guaranteed under the Sarbanes-Oxley Act in a unanimous decision expected to set a precedent that impacts all corporate internal reporting cases.
-
News BriefSDNY launches whistleblower pilot program
The U.S. Attorney’s Office for the Southern District of New York took its efforts to encourage voluntary self-disclosure a step further with the launch of a whistleblower pilot program for individuals involved in nonviolent offenses.
More from Whistleblowers
-
ArticleEmployee faith in whistleblowing programs wanes when companies act selectively
Whistleblowing hotlines are rightly championed as valuable tools for employees and even third parties to raise concerns about corporate conduct. But it seems some complaints may be acted upon more keenly than others, particularly if blame can be pinned to one individual and any potential fallout can be ring-fenced.
-
News BriefMore federal whistleblowers come forward amid government layoffs
As the Trump administration continues to reduce the number of workers at multiple federal agencies, there has been a record number of whistleblowers coming forward.
-
PremiumDespite uncertainty, whistleblowers still have incentives to report misconduct
Whistleblowing in the United States is being buffered by uncertainty from regulators who are backing off policing corruption and consumer protections. Regulators like the Department of Justice and the Securities and Exchange Commission are being thrown into disarray by layoffs and restructuring. Still, whistleblowers will likely continue coming forward.