As artificial intelligence (AI) tools integrate into clinical labs and diagnostics, healthcare employers face greater risk of whistleblower and retaliation claims by employees who report concerns about how these tools are being used. While AI driven diagnostic support systems, automated lab processes, intelligent workflow automation, and other AI tools can increase efficiency, they can also create patient safety, privacy, data misuse, and other legal and regulatory compliance issues if they are not used correctly, if they are relied upon too heavily, or if there is insufficient human oversight and analysis. A federal bipartisan AI whistleblower law was introduced in May 2025 and is in its early stages.1 While this bill makes its way through Congress and federal efforts to preempt state AI laws advance, employers must be aware that employees who report concerns about AI tools in healthcare diagnostics may be protected by existing whistleblower laws. Employers who mishandle those complaints may face costly litigation, reputational harm, and regulatory scrutiny.
Employees who raise concerns about AI use in clinical labs and diagnostics may be protected by the following laws:2
Employees who report that AI tools are creating an unsafe work condition or jeopardize patient safety may be protected under the Occupational Safety and Health Act (OSH Act), which requires employers to maintain safe working...
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