Sarbanes-Oxley Act Of 2002 Enacted

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Overview

The Sarbanes-Oxley Act significantly expands

existing federal whistleblower protection laws, and

public companies would be well advised to pay

special attention to these new protections for

corporate whistleblowers. Section 806 of the Act

prohibits an employer from engaging in retaliation or

discrimination against employees who report

suspected accounting or financial fraud, and

establishes a new system by which aggrieved

employees can bring an action for damages against

their employer before the Department of Labor or in

federal District Court.

The whistleblower provisions are an integral part of

the new law. Many of the questionable accounting

practices that gave rise to the Sarbanes-Oxley Act

came to light, at least in part, as a result of employees

who blew the whistle. Even before the scandals at

Enron and other companies broke, Congress had

embraced the policy of whistleblower protection as a

means to help federal regulators ferret out violations

and wrongdoing. In fact, the whistleblower

provisions of the Sarbanes-Oxley Act are patterned

after similar statutory schemes for protecting workers

in the airline and nuclear power industries.1

Experience has shown that whistleblower cases

can inflict serious damage on a company's

reputation as well as on the careers of accused

managers. Accordingly, companies should

consider taking a strategic approach to

implementing the new whistleblower provisions.

Below we summarize the key provisions and offer

some suggestions for employers.

Whistleblower Provisions of

Sarbanes-Oxley Act

Prohibition of Discrimination. Section 806 of the

Act establishes a system for whistleblower protection

for employees of publicly traded companies. That

provisio...

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... Department of

Labor and other agencies. We have directly assisted

employers in developing effective programs and

processes to help prevent discrimination claims.

Please contact us if you would like additional

information or assistance with implementation of the

whistleblower protection provisions of the Sarbanes-

Oxley Act.

1 The Wendell H. Ford Aviation Investment and Reform Act

for the 21st Century (commonly known as Air 21) protects

whistleblowers in the airline industry. A precursor to that

legislation was Section 211 of the Energy Reorganization

Act, originally enacted in 1978, which protects employees in

the nuclear power industry from retaliation for reporting

safety concerns.

2 These are essentially the same legal standards that govern

whistleblower complaints by nuclear industry employees under

Section 211 of the Energy Reorganization Act.

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