AI Whistleblower Protection Act
The AI Whistleblower Protection Act is a proposed federal law designed to shield workers and contractors who report AI-related safety or legal concerns from retaliation by their employers. It covers disclosures about AI security vulnerabilities and AI violations, including reporting to regulators, the Attorney General, law enforcement, or Congress, and it protects individuals who participate in investigations or help address concerns. The act applies to employees and independent contractors (including former ones) across activities affecting commerce, and it defines AI and related terms broadly to include many forms of artificial intelligence systems, while excluding some commonplace embedded AI features in everyday commercial products. If retaliation occurs, the law provides a dual path to relief: (1) file a complaint with the Secretary of Labor, and (2) if the department has not resolved the matter within 180 days (absent bad faith by the whistleblower), sue the employer in federal court. Remedies include reinstatement, double back pay with interest, compensatory damages (including litigation costs and attorney fees), and other appropriate remedies. The act also bars waivers and arbitration clauses that would circumvent these protections.
Key Points
- 1Prohibits retaliation against covered individuals for providing information about AI security vulnerabilities or AI violations, including reporting to regulators, the Attorney General, or Congress, and aiding investigations or actions to address misconduct.
- 2Broad coverage for whistleblowers: includes current and former employees and independent contractors in any commerce-affected activity; defines AI and artificial systems to encompass a wide range of AI technologies, with a carve-out for common commercial products that embed AI (e.g., word processors, map navigation).
- 3Enforcement pathway: whistleblowers may file a complaint with the Secretary of Labor; if no final decision within 180 days (without bad faith by the whistleblower), they may sue in federal district court, with jury trial rights.
- 4Remedies for prevailing whistleblowers: reinstatement with the same seniority, double back pay with interest, compensatory damages (including litigation costs and attorney fees), and other appropriate remedies as determined by the Secretary or court.
- 5Anti-arbitration/anti-waiver protection: rights and remedies cannot be waived or limited by contracts, including arbitration agreements, before pursuing relief under the act.