The problems faced by auditors and compliance officials are well documented.
- Institute for Internal Auditors, “Political Pressure Intense on Internal Audit: IIA Research Report Reveals Pervasive Efforts to Influence Internal Audit Findings,” press release (Mar. 10, 2015).
The Institute for Internal Auditors survey of auditors is known as the Global Internal Audit Common Body of Knowledge. The survey’s results were analyzed in:
SEC decisions granting awards to compliance officials:
Requirement that publicly traded companies have a program to accept confidential employee concerns regarding questionable accounting and auditing practices is codified at:
The development of the SEC’s rule on director, partner, attorney, and compliance official coverage is discussed at:
- “Speech by Chairman Mary L. Schapiro,” U.S. Securities and Exchange Commission, Washington, DC (May 25, 2011) (SEC whistleblower program)
- Stephen Kohn, “The SEC’s Final Whistleblower Rules and Their Impact on Internal Compliance,” West Law Publishing (Oct. 2011) (rights of compliance officials to blow the whistle)
Whether auditors, compliance officials, or employees whose duties require them to perform compliance functions are protected against retaliation remains a controversial topic. However the two decisions issued by the Supreme Court demonstrate that without specific statutory coverage, internal disclosures by these classes of employees may be unprotected.
See Supreme Court decisions finding internal whistleblowing not protected under the Dodd-Frank Act and First Amendment:
However, a wealth of cases decided before Digital and Garcetti explained the fact that whistleblowers often used internal reporting processes and should deserve protection:
Pre-Digital cases discussing whether compliance officials, auditors, and attorneys are covered under anti-retaliation laws: