The EEOC recently released its Proposed Enforcement Guidance on Retaliation, which is not law, but will shape how the agency investigates retaliation charges going forward. The report, which replaces the 1998 version, offers a look into the EEOC’s expansive view of its jurisdiction.
While the EEOC emphasizes that charges of retaliation “essentially doubled” between
Continue Reading EEOC Expands Its View Of Retaliation Charges
By Ada W. Dolph, Adam R. Young, and Craig B. Simonsen
The Securities and Exchange Commission’s (SEC) Office of the Whistleblower (Office) recently released its 2015 Annual Report on the Dodd-Frank Whistleblower Program (Report) (November 16, 2015).
In Fiscal Year 2015 alone, the Commission paid more than $37 million to reward eight whistleblowers for their provision of original
Continue Reading SEC Whistleblower Report Shows Increase in “Tips”
By Christopher F. Robertson and Craig B. Simonsen
The Fourth Circuit Court of Appeals recently ruled that a Sarbanes-Oxley Act (SOX) claim initially timely filed with OSHA and then withdrawn falls within 28 U.S.C. § 1658(a), the “catch-all limitations period,” which provides a four year limitations period. Jones v. SouthPeak Interactive Corp. of Del., No. 13-2399 (4th Cir., 1/26/15).
Continue Reading Four Years To Sue On SOX Claim Withdrawn From OSHA
This blog recently discussed the upswing in EEOC retaliation charges and what employers can and should do about this undeniable trend. A National Labor Relations Board (NLRB) case now before the D.C. Circuit Court of Appeals on appeal provides a powerful reminder that non-union employers must also be concerned about retaliating against employees for exercising their
Continue Reading Retaliation is the New Discrimination Under the National Labor Relations Act.
By: Clark Smith
Retaliation claims are now the most common type of claim filed with the EEOC. Twenty years ago, only 15% of the charges complained of retaliation. By 2013, that total had leapfrogged to 41% (yes that number includes charges brought under federal whistleblower statutes, such as Dodd-Frank – but that’s a big jump), and is higher
Continue Reading Is Retaliation The New Discrimination??
By Ada W. Dolph and Craig B. Simonsen
Since 2010, OSHA has made a concerted effort to coordinate enforcement of whistleblower complaints with affiliated agencies. (See our past blog about OSHA’s coordination with the FDA here). OSHA continues in this effort, recently announcing that it has entered into a Memorandum of Understanding (MOU) with the Federal Motor Carrier Safety
Continue Reading OSHA and the Federal Motor Carrier Safety Administration Agree to Coordinate Responses to Whistleblower Complaints By Private Commercial Motor Vehicle Drivers
By James L. Curtis, Ada W. Dolph, and Craig B. Simonsen
OSHA announced on April 3, 2014 its “Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010,” 79 Fed. Reg. 18630 (April 3, 2014).
The Consumer Financial Protection Act of 2010 (CFPA) is intended to protect employees against retaliation
Continue Reading Interim Rule On Whistleblowers Procedures Under the Consumer Financial Protection Act