CFTC Inspector General Fixes Whistleblower Disclosure Issues
The CFTC Office of Inspector General ("OIG") corrected whistleblower disclosure issues after it found that some of the agency's past agreements and websites did not meet federal requirements.
In a Memorandum to CFTC Acting Chair Caroline D. Pham and Commissioner Kristin N. Johnson, the OIG said it launched a review in response to a March 2024 letter from Senator Chuck Grassley, who raised concerns about federal agencies using nondisclosure agreements ("NDAs") that might illegally restrict employees from reporting wrongdoing. The inspector general's review focused on whether the CFTC's NDAs and related documents complied with the Whistleblower Protection Enhancement Act of 2012 ("WPEA"), which mandates that all such agreements include a specific "anti-gag" statement preserving employees' rights to report misconduct.
The OIG took the following actions:
- All current CFTC nondisclosure forms and agreements now include the required WPEA language. This includes updated versions of security clearance forms and settlement agreements.
- Some employment-related settlement agreements used before April 2023 did not contain the anti-gag provision. These agreements were corrected during the review, and the forms were updated to ensure future compliance.
- The CFTC's public website and internal intranet initially failed to display the required whistleblower rights language. The agency added the necessary statements to both platforms after the OIG flagged the issue.
- Three CFTC divisions lacked coordination in resolving employment disputes. The agency directed the Division of Administration to route all settlement agreements through the Office of General Counsel for legal review. The Office of Equal Employment Opportunity also committed to ensuring compliance or coordinating with OGC when appropriate.
The inspector general stated that the CFTC is now in full compliance with the WPEA.