Alaska Whistleblower Laws: Protections and How to Report

Alaska's Whistleblower Act (AS 39.90.100) protects public employees who report violations of law, public health dangers, or gross mismanagement of government funds. Covered workers can seek reinstatement, back pay, punitive damages, and civil fines up to $10,000 against a retaliating employer. Private-sector employees receive separate protections through workplace safety, discrimination, and wage statutes.

Alaska provides a range of whistleblower protections for employees who report illegal activity, safety hazards, or other matters of public concern. These protections come from state statutes, common law, and federal law. The main whistleblower statute applies to public employees, while private-sector workers are protected through separate laws covering specific areas like workplace safety and discrimination.

This guide covers every major whistleblower protection available in Alaska, who qualifies, what activities are protected, how to file a complaint, and what remedies are available if an employer retaliates.

Who Is Protected Under Alaska's Whistleblower Act

The Alaska Whistleblower Act (AS 39.90.100 through 39.90.150) specifically protects public employees who report matters of public concern. Under AS 39.90.140, a "public employee" is any person who performs a service for wages or other compensation under a contract of hire for a public employer.

Public Employers Covered

The statute defines "public employer" broadly to include:

• The State of Alaska and all state agencies
• Public or quasi-public corporations or authorities created by state law
• The University of Alaska
• Political subdivisions, including municipalities, school districts, and regional educational attendance areas

This means employees of state government, local government, public universities, and school districts all fall under the Whistleblower Act. Private-sector employees are not covered by this particular statute but have protections under other Alaska laws discussed below.

What Activities Are Protected

Reporting Matters of Public Concern

Under AS 39.90.100(a), a public employer may not discharge, threaten, or otherwise discriminate against an employee regarding compensation, terms, conditions, location, or privileges of employment because:

1. The employee (or a person acting on behalf of the employee) reports or is about to report a matter of public concern to a public body.
2. The employee participates in a court action, investigation, hearing, or inquiry held by a public body on a matter of public concern.

What Qualifies as a "Matter of Public Concern"

Under AS 39.90.140, a "matter of public concern" includes:

This is a broad definition that covers most types of government wrongdoing, from financial waste to public safety threats.

Limitations on Whistleblower Protection

Not every report automatically qualifies for protection. Under AS 39.90.110, an employee must meet two requirements:

1. Reasonable belief. The employee must reasonably believe that the information reported is or is about to become a matter of public concern.
2. Good faith. The employee must report the information in good faith.

There is also an important exclusion. An employee is not entitled to protection if the matter of public concern resulted from the employee's own conduct, unless that conduct was required by the employer.

Additionally, public employers may require employees to submit a written report before initiating an external report on a matter of public concern, as part of their written personnel policy. However, this internal reporting requirement cannot be used to prevent employees from making reports.

Common-Law Protections in Alaska

Alaska follows the employment at-will doctrine, meaning employers can generally terminate employees for any reason or no reason. However, Alaska courts apply the public policy exception as a remedy. Under this exception, employees can sue their employers if they were fired for reasons that violate Alaska's public policy.

Courts look to the state's statutory protections and constitutional provisions to determine whether an employer violated public policy. For example, if an employee is fired for reporting a safety violation that is endorsed by a state statute, the employer can be found guilty of violating public policy even if the specific statute does not include its own retaliation provision.

This common-law protection extends to both public and private employees. It provides a safety net for workers who may not fit neatly into one of the specific statutory protections.

Alaska Statutory Protections for Private-Sector Employees

While the Whistleblower Act (AS 39.90) applies only to public employees, several other Alaska statutes protect private-sector workers from retaliation in specific circumstances.

Workplace Safety (AS 18.60.089)

The Alaska Occupational Safety and Health Act (AKOSH) makes it unlawful for any employer to retaliate against an employee for engaging in protected safety-related activity. Under AS 18.60.089, employers may not discharge, discriminate against, or retaliate against employees who:

• File a safety or health complaint with AKOSH
• Participate in an AKOSH inspection, enforcement action, or proceeding
• Report workplace safety concerns to the employer or a government agency
• Set into motion or participate with others in an action that results in a safety complaint

AKOSH investigates whistleblower complaints to determine whether reasonable cause exists to believe that retaliation occurred. The investigation examines whether the protected activity was a "substantial reason" for the adverse action and whether the discharge or discrimination would not have occurred if the employee had not engaged in the protected activity.

Important: AKOSH whistleblower complaints must be filed within 30 days of the retaliatory action. This is a much shorter deadline than the general 3-year statute of limitations.

Workplace Discrimination (AS 18.80.220)

Alaska's Human Rights Law prohibits employers from retaliating against employees who oppose unlawful discrimination or participate in proceedings under the state's discrimination laws. This protection applies to both public and private employers.

Protected activities include:

• Filing a complaint of discrimination with the Alaska State Commission for Human Rights
• Testifying or assisting in a discrimination investigation or hearing
• Opposing employment practices that the employee reasonably believes are discriminatory

The statute protects against discrimination based on race, religion, color, national origin, age, sex, marital status, changes in marital status, pregnancy, parenthood, and physical or mental disability. Employers may not retaliate against employees who report violations in any of these areas.

Wage and Hour Protections (AS 23.10.135)

Alaska's Wage and Hour Act establishes minimum wage and overtime standards under AS 23.10.050. The anti-retaliation provision at AS 23.10.135 makes it illegal for an employer to discharge or discriminate against an employee for:

• Filing a complaint about minimum wage or overtime violations
• Starting or participating in a proceeding related to wage and hour laws
• Testifying or preparing to testify in a wage and hour proceeding

Workers' Compensation (AS 23.30.247)

Under AS 23.30.247, employers may not discharge or discriminate against an employee in hiring, promotion, or retention policies because the employee filed a workers' compensation claim. This protection prevents employers from punishing injured workers for seeking the benefits they are legally entitled to receive.

Federal Whistleblower Protections in Alaska

Alaska employees also benefit from federal whistleblower protections that apply regardless of state law.

Federal False Claims Act (Qui Tam)

Alaska does not have its own state False Claims Act. However, employees who witness fraud, waste, or abuse involving federal funds can file a qui tam lawsuit under the federal False Claims Act (31 U.S.C. 3729 through 3733).

Under the federal False Claims Act:

• Private citizens (called "relators") can file lawsuits on behalf of the federal government
• Successful whistleblowers may receive between 15% and 30% of the government's recovery
• The law protects whistleblowers from retaliation, including employees, contractors, and agents
• Protection applies even before a formal lawsuit is filed, covering employees who take preliminary steps like reporting concerns to supervisors or internal compliance offices

OSHA Federal Whistleblower Programs

The federal Occupational Safety and Health Administration (OSHA) enforces over 20 federal whistleblower statutes that protect employees who report violations in areas including environmental protection, transportation safety, securities fraud, consumer product safety, and nuclear safety. Because Alaska operates a state OSHA plan through AKOSH, workplace safety complaints are handled at the state level, but federal OSHA retains jurisdiction over complaints under other federal whistleblower statutes.

Other Federal Protections

Additional federal laws that protect Alaska workers include:

• Sarbanes-Oxley Act for employees of publicly traded companies who report securities fraud
• Dodd-Frank Act for employees who report violations of securities laws to the SEC
• National Labor Relations Act for employees who engage in concerted activity regarding working conditions

Anchorage Municipal Whistleblower Act

The Municipality of Anchorage has its own whistleblower ordinance (AMC 3.75.010 through 3.75.080), known as the Anchorage Whistleblower Act. It provides additional protections for municipal employees who report matters of public concern.

The municipality may not discharge, threaten, or otherwise discriminate against an employee regarding compensation, terms, conditions, location, or privileges of employment because the employee reports a matter of public concern to a public body or participates in a proceeding connected to a matter of public concern.

Like the state law, Anchorage's ordinance requires that the employee reasonably believe the reported information is a matter of public concern and that the report be made in good faith.

How to File a Whistleblower Complaint in Alaska

The filing process depends on the type of retaliation and which statute applies.

Public Employee Whistleblower Claims (AS 39.90)

Public employees who experience retaliation for reporting matters of public concern must file a civil lawsuit in Alaska Superior Court. There is no administrative complaint process for state whistleblower claims. The employee bears the cost of litigation, which can be a significant barrier.

AKOSH Workplace Safety Complaints

Employees who face retaliation for reporting workplace safety concerns should:

1. Contact the AKOSH Discrimination Officer at (800) 770-4940 or (907) 269-4940
2. File a written complaint describing the retaliation
3. File within 30 days of the retaliatory action

AKOSH will investigate and determine whether reasonable cause exists to believe a violation occurred.

Discrimination Retaliation Complaints

Employees who face retaliation for opposing workplace discrimination should:

1. Contact the Alaska State Commission for Human Rights at (907) 274-4692
2. File a formal complaint
3. The Commission will investigate and may hold a hearing

Wage and Workers' Compensation Complaints

For retaliation related to wage and hour or workers' compensation claims:

1. Contact the Alaska Department of Labor and Workforce Development at (907) 465-2709
2. File a complaint describing the retaliatory action
3. An employee may also file a civil lawsuit directly

Statute of Limitations for Whistleblower Claims

The 30-day deadline for AKOSH complaints is the most critical to keep in mind. Missing this deadline can permanently bar a workplace safety retaliation claim.

Remedies and Penalties for Retaliation

Civil Remedies Under the Whistleblower Act

Under AS 39.90.120, a person who proves a violation of the Whistleblower Act may receive:

• Reinstatement to the former position
• Back pay for lost wages
• Punitive damages to punish the employer
• Other appropriate relief as determined by the court

Civil Fines

The Whistleblower Act also imposes civil fines:

• A person who violates or attempts to violate AS 39.90.100 is liable for a civil fine of up to $10,000, enforceable by the Alaska Attorney General.
• A person who attempts to prevent someone from making a report or participating in a matter under AS 39.90.100(a) is also liable for a civil fine of up to $10,000.

Remedies Under Other Statutes

For retaliation claims under workplace safety, discrimination, wage and hour, and workers' compensation statutes, available remedies typically include:

• Reinstatement to the previous position
• Back pay and lost benefits
• Compensatory damages for emotional distress (in discrimination cases)
• Attorney fees in some cases
• Injunctive relief to stop ongoing retaliation

Employer Obligations

Under AS 39.90.100(d), public employers in Alaska are required to:

• Post notices informing employees of their whistleblower protections and obligations
• Use other appropriate means to keep employees informed about their rights under AS 39.90.100 through 39.90.150

Failure to post these notices does not eliminate an employee's right to protection, but it is an obligation that employers must fulfill.

Practical Considerations for Alaska Whistleblowers

Alaska's whistleblower protections provide important rights, but there are practical challenges worth understanding before filing a complaint.

Documentation is essential. Keep copies of any reports you make, responses from supervisors, performance reviews, and any communications that may show a connection between your protected activity and any adverse employment action.

Timing matters. The 30-day deadline for AKOSH complaints is strict. For other claims, the 3-year statute of limitations provides more time, but evidence becomes harder to preserve as time passes. File as soon as possible after experiencing retaliation.

The public employee path requires a lawsuit. Unlike some states that have administrative complaint processes for whistleblower claims, Alaska requires public employees to file a civil lawsuit in Superior Court. This means hiring an attorney and bearing litigation costs upfront.

Internal reporting may be required. Some public employers require employees to submit a written internal report before going to an outside agency. Check your employer's personnel policy to understand any internal reporting requirements.

Good faith is required. Protection only applies if you reasonably believe the information you are reporting involves a matter of public concern and you report it in good faith. Reports made for personal grudges or based on information the employee knows to be false are not protected.

More Alaska Laws

• Alaska At-Will Employment Laws
• Alaska Employee Monitoring Laws
• Alaska Final Paycheck Laws
• Alaska Workers Compensation Laws