"Fifth Circuit finds disclosure of whistleblower's identity may constitute adverse action"

"In Halliburton, Inc v Administrative Review Board (771 F 3d 254 (5th Cir 2014)), the Fifth Circuit affirmed the ARB's decision that
disclosing the identity of a whistleblower 
could constitute an adverse action under Sarbanes-Oxley. 

The court stated that when a whistleblower's identity is disclosed, "the boss could be read as sending a warning, granting his implied imprimatur to differential treatment of the employee, or otherwise expressing a sort of discontent from on high". 

Notably, the court ruled that a whistleblower need not show that the employer's adverse action was motivated by a retaliatory motive."


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