Supreme Court Solidifies Whistleblower Protections

A recent United States Supreme Court ruling in Murray v. UBS Securities, LLC has held that whistleblowers do not need to show retaliatory intent, or retaliatory animus, on the part of their employers in order to be protected under federal law, specifically under the whistleblower provisions of the Sarbanes-Oxley Act (SOX). The Act defines whistleblowing as "any lawful act done by [an] employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation [of enumerated laws]" or "to file, cause to be filed, testify, or otherwise participate in a proceeding filed or about to be filed (with any knowledge of the employer) relating to [such] an alleged violation."¹ Whistleblowers are protected from retaliation by employers under federal law because of the important role they serve in combatting corruption and maintaining health, safety, and security,