DOL Ruling Makes SOX Whistleblower Cases Harder To Beat

Law360.com

This article discusses a ruling by the U.S. Department of Labor ruling that draws a line between worker retaliation cases under the Sarbanes-Oxley Act and those under Title VII by establishing that whistleblowers have a lighter burden of proof. Gregory Keating, co-chairman of Littler Mendelson PC's whistleblower practice, provides insight on this development, stating, “In addition to this case continuing to broaden the scope of protected activity, it also has a number of disturbing holdings regarding the burden of proof.”

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