The Commission acknowledged that “[s]ince the whistleblower program was established in 2011, the need for certain improvements has become apparent.” The rulemaking proposal “addresses that need with targeted revisions to the claims review process and to the authority of staff to administer the whistleblower program.”
Accordingly, the CFTC is revisiting the issue of whether it has its own authority to implement anti-retaliation measures. In 2011, the Commission had stated that it lacked “the statutory authority to conclude that any entity that retaliates against a whistleblower” could be subject to enforcement action “as a separate and independent violation of the CEA.””
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Lloyd B. Chinn is a partner in the Labor & Employment Law Department of Proskauer Rose LLP, and co-head of the Whistleblowing & Retaliation Group. He litigates employment disputes of all types before federal and state courts, arbitration tribunals (e.g., FINRA, JAMS and AAA), and before administrative agencies in New York and across the country.
Harris Mufson is a senior counsel in the Labor & Employment Law Department of Proskauer Rose LLP, and a member of the Employment Litigation & Arbitration and Whistleblowing & Retaliation Groups. Adept at counseling clients at every turn of the litigation process, Harris represents employers in a variety of industries, including financial services, retail, health care, entertainment, sports and legal, with respect to a wide range of labor and employment law matters.
Esther Y. Pak is an associate in the Labor & Employment Law Department of Proskauer Rose LLP. She assists clients in a wide range of labor and employment law matters at the state and federal levels, including employment discrimination, retaliation claims and breach of employment contracts.
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