Defining A ‘Whistleblower'

On December 31, 2015, U.S. District Judge T.S. Ellis III denied an employee whistleblower protection under the Dodd-Frank Act. Rather than reporting possible wrongdoing directly to the U.S. Securities and Exchange Commission ("SEC"), the employee raised her concerns through internal channels within her organization. The employee alleged that the company retaliated against her for reporting what she believed to be misconduct to a superior with oversight authority. In dismissing the employee's claim, the District Judge adopted a strict interpretation of the Dodd-Frank Act's requirements for whistleblower protection. He stated that the definition of a whistleblower is "unambiguous" and restricted the eligibility of a "whistleblower" to someone who brings information to the SEC. The District Judge stated that "the SEC has adopted a definition of 'whistleblower' for purposes of a Dodd-Frank retaliation claim that is contrary to the plain language of [the applicable section]