Supporting People who Speak Out

US – Standards – Protection – Retaliation

US – Standards – Protection – Retaliation

21F. ‘(1) PROHIBITION AGAINST RETALIATION.- ‘‘(A) IN GENERAL.- No employer may discharge, demote, suspend, threaten, harass, directly or indirectly, or in any other manner discriminate against, a whistle-blower in the terms and conditions of employment because of any lawful act done by the whistleblower-

‘‘(i) in providing information to the Commission in accordance with this section;

‘‘(ii) in initiating, testifying in, or assisting in any investigation or judicial or administrative action of H. R. 4173-471 the Commission based upon or related to such informa­tion; or

‘‘(iii) in making disclosures that are required or protected under the Sarbanes-Oxley Act of 2002 (15 U.S.C.7201 et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), including section 10A(m) of such Act (15 U.S.C. 78f(m)), section 1513(e) of title 18, United States Code, and any other law, rule, or regulation subject to the jurisdiction of the Commis­sion.

US (SOX)

806. `(a) WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF PUBLICLY TRADED COMPANIES- No company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)), or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee-

`(1) 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 section 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders, when the information or assistance is provided to or the investigation is conducted by-

`(A) a Federal regulatory or law enforcement agency;
`(B) any Member of Congress or any committee of Congress; or
`(C) a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct);

Referenced Legislation: Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) (2010), Sarbanes-Oxley Act (SOX) (2002)

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