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Sixth Circuit: ERISA's Whistleblower Provision Doesn't Protect All Volunteered Information
Proskauer's ERISA Practice Center Link to more items from this source
May 20, 2014
"While the Court agreed that Sexton had given information, it concluded that he had not done so in connection with an 'inquiry' -- regardless of whether inquiry meant something formal or merely an inquiry in the colloquial sense. In so ruling, the Court observed that Congress had enacted approximately four dozen anti-retaliation laws and that most of them include two distinct types of prohibitions: (i) the type that protects employees who report unlawful practices; and (ii) the type that protects employees who participate in inquiries, proceedings, or hearings. With respect to ERISA Section 510, Congress only included the latter and that must be given effect." [Sexton v. Panel Processing, Inc., No. 13-1604 (6th Cir. May 9, 2014)]

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