DOL Lowers Bar For 'Adverse Action' In SOX Cases

Law360, New York (September 23, 2011, 6:48 PM EDT) -- The U.S. Department of Labor's Administrative Review Board has adopted a new and more complainant-friendly standard for what constitutes adverse action against Sarbanes-Oxley Act whistleblowers, narrowing yet another avenue of attack for employers fighting SOX claims before the DOL, lawyers say. 

In a decision and order dated Sept. 13, the ARB revived a claim from ex-Halliburton Co. employee Anthony Menendez who said the company retaliated against him by disclosing his identity after he complained about accounting practices at the oil field services giant.

The board found...
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