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New Laws Expand Whistleblower Protections

By Wayne N. Outten and Cara E. Greene
October 27, 2010

Federal statutes protecting whistleblowers are on the rise. Most recently, the Dodd-Frank Wall Street Reform and Consumer Protection Act (“The Dodd-Frank Act”), meant to overhaul and strengthen federal oversight of the financial system, included workplace protections for whistleblowers in the financial services industry. But that is not the only new law to include whistleblower protections. In addition to the American Recovery and Reinvestment Act (“ARRA”) (see “The Recovery Act's Daunting Whistleblower Provisions,” Employment Law Strategist, Oct. 2009), several other federal whistleblower protection statutes have been enacted or modified in the last few years. These new statutes, including the Consumer Products Safety Improvement Act (2008), the Fraud Enforcement and Recovery Act (2009), and The Implementing Recommendations of the 9/11 Commission Act of 2007, when combined with the Dodd-Frank Act and ARRA, dramatically expand retaliation protections for millions of employees who blow the whistle on workplace wrongdoing.

The Dodd-Frank Wall Street Reform and Consumer
Protection Act

The Dodd-Frank Act, signed into law by President Obama on July 21, 2010, was enacted as a way to regulate the financial services industry, which many blame for the recent economic recession. In an attempt to ensure that industry wrongdoing does not go unreported, the Dodd-Frank Act adds financial incentives to encourage whistleblowing, prohibits retaliation against employees who blow the whistle, and amends the Sarbanes-Oxley Act of 2002 (“SOX”) to make it more favorable for employees.

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