The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s edition, they discuss:
- U.S. Supreme Court Unanimously Ruled “Retaliatory Intent” Not Required to Prove SOX Whistleblower Claim
- U.S. GAO Report on Military Spouse Employment Focused on Challenges of Part-Time Work
- HIRE Vets Medallion Award Application Period Now Open
- Looking Ahead: Upcoming Date Reminders
Thursday, February 8, 2024: U.S. Supreme Court Unanimously Ruled “Retaliatory Intent” Not Required to Prove SOX Whistleblower Claim
SOX Burden More Plaintiff-Friendly Than Other Laws Prohibiting Employment Discrimination
Recognizing that Congress meant the evidentiary burden-shifting framework of the Sarbanes-Oxley Act’s whistleblower protection provisions to be “plaintiff-friendly,” a unanimous U.S. Supreme Court held that employees bringing such claims are not required to establish that the employer acted with “retaliatory intent.” The decision in Murray v. UBS Securities, LLC (Case No. 22-660) clarified that a plaintiff employee only needs to show that their protected activity contributed to an unfavorable personnel action. Writing for the Court, Justice Sonia Sotomayor contrasted the SOX evidentiary framework with that of Title VII of the Civil Rights Act of 1964 (“Title VII”) and other laws prohibiting employment discrimination which have higher...
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