AI Deepfakes and the Workplace: A New Frontier for Discrimination Claims

Artificial intelligence (“AI”) is transforming the workplace. However, the misuse of AI to generate fake, sexually explicit, or harassing images, videos, or audio, known as “deepfakes,” is quickly becoming a new source of workplace disputes and potential liability for employers.

Courts are already seeing lawsuits tied to AI-generated deepfakes. In one example, a Washington State Patrol trooper alleged coworkers circulated an AI-generated video mocking his sexual orientation. In another, a Nashville TV meteorologist claimed her employer failed to address sexually explicit deepfake images that used her likeness. In both cases, the plaintiffs argue their employers did not respond appropriately once the conduct came to light.

While the technology is new, the legal analysis is not. Doctored images or recordings that target an employee based on gender, sexual orientation, race, or other protected traits may support harassment or discrimination claims under Title VII and comparable state laws. Courts will analyze these cases using the same framework applied to traditional workplace bias claims.

Key questions include whether coworkers circulated or discussed the content, whether workplace systems were used, whether a supervisor was involved, and most critically, how the employer responded after learning of the issue. An employer does not need to have created the deepfake to face liability. The risk often arises from failing to act reasonably once the employer knew or should have known about the conduct.

These workplace cases are unfolding alongside growing scrutiny of AI misuse by lawmakers. States such as California, Florida, and Illinois have enacted laws allowing victims of AI-generated deepfakes to seek civil or criminal remedies, and Congress is debating federal protections targeting nonconsensual, sexually explicit AI content.

At the same time, plaintiff’s-side employment attorneys and employees are becoming more attuned to these risks. While deepfakes are not yet widespread in the workplace, their prevalence is expected to grow as AI tools become more common.