by Jason Zuckerman, Principal, Zuckerman Law
*This is part of ACSblog's Symposium on Whistleblowers.
Last month, the Ethics & Compliance Initiative released a Global Business Ethics Survey revealing that employees feel increased pressure to compromise organizational standards and that in the private sector, more than one in three employees reporting misconduct experienced retaliation. At a time when whistleblower retaliation is on the rise, the U.S. Supreme Court held in Digital Realty Trust, Inc. v. Somers that the Dodd-Frank Act’s (Dodd-Frank) whistleblower protections apply only where the whistleblower disclosed potential securities law violations to the SEC. In other words, Dodd-Frank does not protect internal whistleblowing, including disclosures made to a corporate ethics or compliance program.