You might be able to get around this if you use TOP 100 PERCENT on your subquery that you want to order by.
use pubs
go
SELECT title, 'titles' WHEREFROM FROM titles
UNION
SELECT title, 'author' WHEREFROM FROM (SELECT TOP 5 au_fname title FROM authors ORDER BY au_fname DESC) A
ORDER BY title
Gary Johnson
Microsoft Natural Language Group
DBA, Sr. DB Engineer
Gary Johnson
Microsoft Natural Language Group
DBA, Sr. DB Engineer
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