On November 17, 2015, the U.S. Court of Appeals for the Fifth Circuit held an employer’s rejection of an employee’s rescission of resignation can “sometimes constitute an adverse employment action” and may be considered retaliation under Title VII.
The SEC’s whistleblower program is steadily growing in scope and impact, and the agency is taking more aggressive positions to obtain information from whistleblowers and protect informants from retaliation.
On October 6, 2015, California's Governor signed into law Senate Bill 358, legislation intended to increase wage transparency and which will make it more difficult for an employer to defend against an equal pay claim.
The Second Circuit created a federal appellate split when it revived a Dodd-Frank Act retaliation claim by an ex-employee who only reported his claims of accounting fraud internally before he was terminated.
New SEC guidance says whistleblowers are entitled to Dodd-Frank anti-retaliation protections after making an internal complaint about possible securities law violations, even if they do not report directly to the SEC.