Law360, New York (December 5, 2014, 11:57 AM EST) -- In mid-November, within a week of each other, two federal courts of appeals issued significant decisions affecting whistleblowers, but to very differing effects. In the first, the Fifth Circuit confirmed that a public "outing" of a whistleblower in the workplace can constitute an adverse action under the Sarbanes-Oxley Act and that SOX provides for emotional distress and reputational harm damages. In the second, the Sixth Circuit denied protection under the Energy Reorganization Act and the False Claims Act to whistleblowers who were retaliated against when applying for a job based on their prior whistleblowing. While these decisions involve different whistleblower statutes, they both have broader ramifications for whistleblower law, since both decisions are applicable to a wide range of whistleblower claims....
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