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ARTICLE · 26 OCTOBER 2015

SEC Clarifies Whistleblower Definition And Protection Policy

The broad definition of the term whistleblower has been used to describe a person who reports violations of securities laws.

United StatesEmployment and HR

The broad definition of the term whistleblower has been used to describe a person who reports violations of securities laws. However, in terms of the SEC's whistleblower policy, there was some discrepancy regarding when the protection that whistleblowers are afforded under law actually takes effect.

Written by: CT Corporation

The SEC has issued an interpretive rule explaining that whistleblowers do not need to report to the commission in order to be eligible for protection from employee retaliation.

Under the Dodd-Frank Act, there were two provisions that extended protection against retaliation to any whistleblower who reported company misconduct. The unclear aspect was who was to receive the report. In one provision the whistleblower could report the transgression internally; in another provision the whistleblower was defined as such when he or she reported violations of securities law directly to the SEC.

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