Prohibition on retaliation; whistleblower protections

(a) Prohibition on retaliation (1) In general A developer or deployer may not discriminate or retaliate against an individual (including by denying or threatening to deny the equal enjoyment of goods, services, or other activities or opportunities in relation to a consequential action) because the individual exercised any right, refused to waive any such right, raised a concern about a consequential action under this Act, or assisted in any investigation or proceeding under this Act. (2) Rules of construction (A) Differential in service or goods Nothing in this Act shall prohibit a developer or deployer from denying service to an individual, charging an individual a different price or rate, or providing a different level or quality of goods or services to an individual if the differential in service is necessary and directly related to the value provided to the developer or deployer by the covered algorithm. (B) Loyalty programs Nothing in this Act shall prohibit a developer or deployer from offering loyalty, rewards, premium features, discounts, or club card programs that provide benefits or rewards based on frequency of patronizing, or the amount of money spent at, a business consistent with this Act. (b) Whistleblower protection A developer or deployer may not, directly or indirectly, discharge, demote, suspend, threaten, harass, or otherwise discriminate or retaliate against an individual for raising a concern, reporting or attempting to report a violation of this Act, or cooperating in any investigation or proceeding under this Act.