Discrimination V. Whistleblower Claims

Law360 (June 1, 2009, 12:00 AM EDT) -- In Tice v. Bristol-Myers Squibb, No. 07-3977, a case of first impression, the U.S. Court of Appeals for the Third Circuit, held that a whistleblower claim filed with and decided by a federal agency under the Sarbanes-Oxley Act, precludes an employee from proceeding in federal court under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000(e) (“Title VII”), and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §621, with a discrimination claim based on the same facts.

In so ruling, the court...
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