Whistleblower Protections: What You Should Know
Whistleblower protections have been around for centuries. They exist for a simple reason: so that people who speak up about wrongdoing, particularly when it affects public trust, safety, or the law, can do so without fear of retaliation. These protections support transparency and accountability in organizations, especially those doing work with significant societal impact.
Why should tech or AI employees care?
In fields like AI, the impact of company decisions can be wide-reaching. That makes it critical for employees to feel safe speaking up when they see something that could pose a risk whether it’s related to legal compliance, safety, or potential misuse. Whistleblower protections are designed to support fair and responsible transparency. Whistleblowers who have exposed issues with social media platforms, surveillance systems, voter targeting practices, and other new technologies have prompted the government to take action to protect the public.
What are whistleblower protections?
Whistleblower protections are a patchwork of laws and policies intended to shield individuals from retaliation when they report certain types of misconduct. These protections are not universal and don’t apply to every kind of wrongdoing or disclosure. Depending on the law and the situation, whistleblower protections may apply to reports involving:
- Legal violations
- Tangible safety risks or unethical behavior
- False or misleading public disclosures
Retaliation can include termination, demotion, harassment, or other adverse workplace actions. When whistleblower protections do exist, they may also entitle individuals to pursue legal action to seek remedies.
However, it’s important to understand that whistleblower protections are not guaranteed. In many states and industries, protections are limited in scope, and not all retaliation is legally prohibited. The outcome often depends on which laws apply, the nature of the report, who it was made to, and the context in which it was made.
What are existing whistleblower protection programs?
Some federal whistleblower programs include:
- SEC Whistleblower Program: Protections for reporting false statements in public company filings.
- Commodity Futures Trading Commission Program: Protections for reporting violations in commodities and derivatives markets.
- DOJ Whistleblower Awards: Rewards for individuals who report corporate fraud.
- Occupational Safety and Health Act: Protections for employees reporting workplace health and safety violations.
- False Claims Act: Protections and potential rewards for whistleblowers reporting fraud against the federal government.
Depending on your state of residence, state-specific whistleblower protections may also apply to your situation. One example is California Labor Code § 1102.5, which states that an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency where “the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.”
What if I have an NDA or non-disparagement clause?
NDA’s cannot prevent you from reporting unlawful activity to the government and engaging in other legally protected activities. For example, in McLaren Macomb, the National Labor Relations Board ruled that a Michigan hospital violated labor law by offering severance agreements with broad non-disparagement and confidentiality clauses. The Board held that these provisions unlawfully restricted employees’ rights to discuss workplace conditions under Section 7 of the NLRA. However, these cases do not offer a blanket license to ignore NDA’s. Before making any disclosures that might conflict with a signed agreement, you should discuss with an attorney.
Can I report concerns confidentially or anonymously?
In some cases, whistleblowers may be able to submit complaints anonymously. For instance, the SEC Whistleblower Program allows individuals to submit tips privately if they are represented by an attorney. Some companies also offer anonymous internal programs, though specific details and protections may vary. Even when confidentiality is offered, it’s important to understand who will have access to your report and what happens afterward.
Should I be concerned about trade secrets or intellectual property when whistleblowing?
To ensure responsible disclosure, whistleblowers should be mindful of laws protecting trade secrets and intellectual property. Reporting through authorized channels such as confidential submissions to government agencies or through an attorney helps safeguard whistleblower protections and avoid legal violations. Before disclosing any information, be aware that certain content may be legally restricted from public release.
Are there any other existing materials I can review online/good summaries?
- National Whistleblower Center
- The Tech Worker Handbook
- Government Accountability Project’s Guide for Whistleblowers
- Psst.org
Who can I contact for more information?
Given the complex landscape of whistleblower protections, it can be wise to consult with an attorney in this area to determine what protections apply in your situation. Below are a few attorneys and organizations who have experience in working with whistleblowers.
- Alison Kosinski, Partner, Kosinski + Thiagaraj
- Psst.org supports whistleblowers through a secure information deposit system
- The Signals Network works to support whistleblowers when they choose to speak to the press
- The National Whistleblower Center connects whistleblowers free of charge directly to private sector attorneys through their Attorney Referral Program
- Government Accountability Project has directly represented over 8,000 whistleblowers
This guide has been vetted by experts in whistleblower protection law as of July 10th 2025. However we do not hold liability for individual cases and encourage potential whistleblowers to seek their own legal counsel if they have doubts regarding their specific case.
