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LAWSON v. FMR, LLC

Docket No.: 12-3
Certiorari Granted: May 20 2013
Argued: November 12, 2013
Decided: March 4, 2014

Topics:

Administrative Procedure, Labor Department, OSHA, RICO, Title VII, anti-retaliation, attorney fees, conditions of employment, judicial review, retaliation, terms and conditions of employment

PartyNames: Jackie Hosang Lawson and Jonathan M. Zang v. FMR LLC, et al.
Petitioner: Jackie Hosang Lawson and Jonathan M. Zang
Respondent: FMR LLC, et al.

Court Below: United States Court of Appeals for the First Circuit
Citation: 670 F.3d 61
Supreme Court Docket

Jackie Hosang Lawson and Jonathan M. Zang
v.
FMR LLC, et al.
Background:

Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. ยง 1514A, forbids a publicly traded company, a mutual fund, or "any ... contractor [or] subcontractor ... of such company [to] ... discriminate against an employee in the terms and conditions of employment because of" certain protected activity. (Emphasis added). The First Circuit held that under section 1514A such contractors and subcontractors, if privately-held, may retaliate against their own employees, and are prohibited only from retaliating against employees of the public companies with which they work.

Question Presented:

Is an employee of a privately-held contractor or subcontractor of a public company protected from retaliation by section 1514A?

LAWSON v. FMR, LLC
ORAL ARGUMENT

November 12, 2013

Listen to Oral Argument in LAWSON v. FMR, LLC
Holding: reversed and remanded
Vote: 6-3
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