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Caveat Whistleblowers

Loopholes and the latest ruling from the Department of Labor would leave those who would reveal wrongdoing twisting in the wind.

By Beth Karlin | Updated on October 01, 2008

The federal law designed to shield whistleblowers from retaliation has given scant protection to workers in the six years since it was written into the Sarbanes-Oxley Act (SOX), legal experts claim and Department of Labor (DOL) statistics confirm. Moreover, it appears the odds are getting worse, with recent actions exposing loopholes so big that Enron-scale fraud, or auction-rate securities malfeasance, could slither through. “The law obviously has not worked,” says attorney D. Bruce Shine.

As evidence, he points to a recent court decision that snatched away protection previously awarded his client, and a new DOL interpretation of the statue that limits its scope to publicly-traded companies, not their privately-held subsidiaries.

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