Do Whistleblower Protections (think #Retaliation) Apply to Employees of a Public Company’s Private Subcontractor?

Jared Jacobson Law Blog

More specifically, put another way, does an anti-retaliation provision in a Securities and Exchange Commission (“SEC”) Whistleblower law, apply only to employees of public companies, and not to the employees of a contractor of a public company?  In Lawson v. FMR LLC, 571 U.S. ___ (2014), the United States Supreme Court ruled that whistleblower protections in the Sarbanes-Oxley Act of 2002 (“SOX”) apply to employees of a public company’s private contractors and subcontractors.  In relevant part, SOX provides that “[n]o [public] company … , 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 whistleblowing activity. 18 U.S.C. § 1514A(a).

In Lawson, two former employees of a subsidiary that provided services to its publically-traded parent company, Fidelity mutual funds, sued Fidelity alleging that their…

View original post 152 more words

%d bloggers like this: