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CFTC strengthens protections for whistleblower

Joe Mont | May 26, 2017

The Commodity Futures Trading Commission has unanimously approved amendments to whistleblower rules that will, among other things, strengthen anti-retaliation protections for whistleblowers and enhance the agency’s process for reviewing whistleblower claims.

Based on a reinterpretation of the CFTC’s anti-retaliation authority under the Commodity Exchange Act, the Commission or the whistleblower may now bring an action against an employer for retaliation.

The amendments also prohibit employers from taking steps to impede a would-be whistleblower from communicating directly with CFTC staff about a possible violation of the CEA by using a confidentiality, pre-dispute arbitration or similar agreement.

The Dodd-Frank Act established a whistleblower program at the CFTC. The program provides monetary incentives to individuals who report possible violations of the CEA...

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