Ninth Circuit Rules That Allegations of OFCCP Noncompliance Do Not Support Whistleblower Retaliation Claim

The U.S. Court of Appeals for the Ninth Circuit has ruled that an individual’s complaints that her employer failed to comply with Office of Federal Contract Compliance Programs (OFCCP) regulations are not “protected activity” for the purpose of making a whistleblower retaliation claim under either the federal Sarbanes-Oxley Act (SOX) or the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

In Rocheleau v. Microsemi Corporation, Inc., No. 15-56029 (9th Cir. Feb. 21, 2017), the normally plaintiff-friendly appeals court explained correctly that alleged violations of OFCCP regulations are not themselves protected under SOX or Dodd-Frank, and are not enough to constitute shareholder fraud, thus triggering whistleblower retaliation protection.

The Ninth Circuit’s decision in Rocheleau is available here.

Members of the Equal Employment Advisory Council (EEAC) can read more here.