Deepfakes and Digital Harassment: What Employers Need to Know in 2025
At a Glance
AI-generated videos, images, and audio are being weaponized in the workplace to harass, impersonate, and intimidate employees, often with devastating consequences.
While there are no workplace-specific federal laws that address deepfake harassment, new laws like the TAKE IT DOWN Act and Florida's Brooke's Law, passed in May and June 2025, respectively, address this growing digital threat.
Outdated policies, untrained staff, and unclear protocols leave organizations vulnerable. Now is the time to audit, train, and prepare.
The Rise of Deepfakes in the Workplace
Deepfakes are synthetic media, i.e., content created or manipulated using machine learning, particularly deep learning models trained on large datasets of images, voices, or videos, in an effort to create false (and typically malicious) information.
Employers are increasingly encountering:
Fake explicit videos falsely attributed to employees
Voice deepfakes used to send inappropriate messages; and
Manipulated recording simulating insubordination or offensive conduct
Evolving Legal Framework
While federal law has yet to catch up, there are still existing sources of litigation that employers should keep in mind:
Employers may be liable under Title VII if deepfakes affect workplace dynamics-even if created off-hours as it can lead to a hostile work environment claim.
Failure to act on known or reasonably foreseeable deepfake harassment may also expose employers to negligent supervision or retention claims.
Emerging Federal/State Laws and Initiatives
The Federal TAKE IT DOWN Act
Florida’s “Brooke’s Law”
The EEOC’s 2024-2028 Strategic Enforcement Plan emphasizes scrutiny of technology-driven discrimination and digital harassment.
Proposed changes to Federal Rules of Evidence 901 and the proposed creation of FRE 707 would require parties to authenticate Al-generated evidence and meet expert witness standards for machine outputs.
Key Employer Risks and Blind Spots
Policy Gaps
Delayed Response
Liability Exposure
Reputational Harm
What Employers Can Do Now
Audit Existing Policies
Develop Clear Response Plans
Train Key Personnel
Update Employee Training
Review Insurance Coverage
Monitor Legal Developments
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
📧 kevin@kmckernan.com | 📞 718-317-5007