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ARTICLE · 19 JUNE 2013

Retaliation Gets A Broader View

Retaliation cases continue to grow in number and, in a decision on June 4, 2013 of the Tenth Circuit Court of Appeals, in scope as well.

United StatesEmployment and HR

Retaliation cases continue to grow in number and, in a decision on June 4, 2013 of the Tenth Circuit Court of Appeals, in scope as well. There, the Court in Lockheed Martin Corporation v. Administrative Review Board of the United States Department of Labor gave an expansive reading of what constitutes protected activity and retaliation under the Sarbanes-Oxley Act (http://www.soxlaw.com/) (SOX).

SOX provides whistleblower protection to employees of publicly traded companies. SOX prohibits an employer from discharging, demoting, or taking an adverse action against an employee who provides information about or participates in an investigation involving activity an employee reasonably believes constitutes mail, bank, securities, or wire fraud, a violation of a rule involving the SEC, or any federal law relating to fraud against shareholders. While numerous employees have filed administrative actions or cases involving SOX, the narrow definition of "protected activity"

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