On August 14, 2023, WLF filed an amicus brief urging the Supreme Court to affirm a Second Circuit decision properly interpreting Sarbanes-Oxley’s whistleblower provision. WLF’s brief explains why intent is so important in anti-discrimination statutes. Congress has chosen its language carefully to require that plaintiffs prove intent to prevail under some causes of action while not requiring the same showing under other causes of action. And it did so for sound policy reasons. WLF’s brief also explains how the Whistleblower Protection Act differs from Sarbanes-Oxley. The two statutes use different language, have different legislative histories, and have different purposes. Thus, they should not be interpreted as imposing the same requirements.
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