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Friday, November 28, 2025

Congress Considers AI Whistleblower Law: What Employers Need to Know Now - Fisher Phillips

A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks. Senators from both sides of the aisle introduced the AI Whistleblower Protection Act (S. 1792) last month, hoping to shield tech workers and others who expose AI security flaws, legal violations, or dangerous practices. House AI leaders quickly introduced a companion bill, intent on closing the growing gap in whistleblower protections related to artificial intelligence. More than 20 public interest organizations just called on Congress to pass the bill in a June 10 letter, citing retaliation, NDAs, and a chilling effect that could silence insiders. What do you need to know about this latest piece of potential AI that would impact the workplace?

The prime sponsor of the House version of the bill, Rep. Jay Obernolte (R-CA), has just agreed to speak at FP’s AI Conference next month. Register now to hear first-hand about AI regulation and much more!

5 Key Points About the AI Whistleblower Protection Act

There are five critical things you need to know about S. 1792 and HR 3460.

1. It Would Ban Whistleblower Discrimination

The bill would prohibit employment discrimination against those who blow the whistle on:

  • AI security vulnerabilities: flaws that could enable theft or unauthorized acquisition of AI systems by anyone – including foreign actors.
  • AI violations: breaches of federal law or failure to appropriately respond to a substantial...


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