CFTC Enhances Whistleblower Protections, Awards Claims Review Process

The CFTC approved amendments to its Whistleblower Rules that will strengthen anti-retaliation protections for whistleblowers and enhance the process for reviewing whistleblower claims. The changes follow a reinterpretation of the CFTC's anti-retaliation authority under the Commodity Exchange Act and allow either the CFTC or a whistleblower to bring an action against an employer for retaliation against a whistleblower. The amendments also prohibit employers from taking steps to impede a would-be whistleblower from communicating directly with the CFTC about a possible violation by using a confidentiality, pre-dispute arbitration or similar agreement. The changes also establish a claims review process that will involve creation of a Claims Review Staff, in place of the Whistleblower Award Determination Panel, to consider and issue a Preliminary Determination as to whether an award claim should be granted or denied.