Does the CFTC protect whistleblowers from retaliation?

Yes. The CFTC whistleblower program provides significant protections against retaliation.

Under the Dodd-Frank Act, employers generally may not discriminate in any way against whistleblowers for providing information regarding potential violations of the Commodity Exchange Act to the CFTC or assisting the CFTC in an investigation of potential violations. That anti-retaliation protection applies regardless of whether the employee otherwise qualifies for an award.

A whistleblower who has reported to the CFTC and subsequently suffers discrimination can sue the company that took the retaliatory action in federal court. Potential remedies for retaliation include reinstatement, backpay with interest, and other compensatory damages, including attorneys’ fees.

In addition to prohibiting retaliation against employees who have already reported, federal law also bars employers from attempting to prevent employees from reporting potential misconduct. Severance agreements, confidentiality agreements, and non-disclosure agreements that purport to restrict a current or former employee’s right to report violations to the CFTC may thus be unenforceable. 

To learn more about the CFTC whistleblower program and other similar programs, go to www.mololamken.com and follow us on LinkedIn. “Brilliant lawyers with courtroom savvy” — Benchmark Litigation. Copyright MoloLamken LLP 2025.