As headlines about technological advances flood the public eye, the AI industry is growing at an unprecedented pace. The question is: when is it too late to protect against these rapidly growing AI companies? The AI Whistleblower Protection Act would protect employees in the AI industry who report safety violations to protect public safety, and it may come just in the nick of time.
The AIWPA fills a crucial gap in current whistleblower regulations, but it does not reinvent the wheel. Previous legislation protected whistleblowers in other industries, such as food, transportation, and medicine, that are similar to those in the bill proposed to protect AI whistleblowers.
The AI Whistleblower Protection Act includes the same basic principles as current laws: Regulation, Disclosure, and Relief.
For example, the proposed bill prohibits employer retaliation against employees. It states, “No employer may, directly or indirectly, discharge, demote, suspend, threaten, blacklist, harass, or in any other manner discriminate against a covered individual.”
Similarly, the Food Safety Modernization Act of 2010 (21 U.S. Code § 399d) states, “No entity engaged in the manufacture, processing, packing, transporting, distribution, reception, holding, or importation of food may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment.” Both share the same basic premise: no employer in the bill’s specific industry is allowed to discriminate against employees who report company violations.
Likewise, the AI Whistleblower Protection Act has similar protections in Disclosure rules. It states that employees may submit their complaint to the Secretary of Labor, and if necessary, bring their employer to district court for a jury trial. Similarly, the whistleblower protections under the Surface Transportation Assistance Act (STAA) (49 U.S. Code § 31105) hold that employees may file a complaint with the Secretary of Labor.
Last, the AI Whistleblower Protection Act awards successful whistleblowers reinstatement of previously lost employment, double backpay (including interest), and compensatory damages. In comparison, The Internal Revenue Code (26 U.S. Code § 7623) lists compensatory damages including reinstatement of the same seniority status the employee would have held, the sum of 200 percent back pay (equaling to two times the amount) with interest, and compensation for any special damages such as litigation costs, expert witness fees, and attorney fees.
The AI Whistleblower Protection Act includes tried-and-true principles and formats that work. Advocates, like whistleblower attorney Stephen Kohn, warn that current whistleblower protection laws do not protect employees within the AI industry, making the AI Whistleblower Protection Act an important addition.
