Deepfakes are no longer just a political, celebrity, or internet problem. They are becoming a workplace problem, too.
With today’s artificial intelligence tools, someone can create a realistic-looking image, video, audio clip, or screenshot that makes it appear as though a real person said or did something they never said or did. Sometimes the content is sexual. Sometimes it is humiliating. Sometimes it is designed to damage someone’s reputation, credibility, or job.
That means Massachusetts workers need to understand what deepfakes are, why they matter at work, and what to do if they are targeted by one.
What is a deepfake?
A deepfake is fake or manipulated digital content that uses artificial intelligence to make something look or sound real.
That can include:
- A fake explicit image of a coworker
- A video that makes it appear someone engaged in conduct that never happened
- A voice recording that sounds like a manager or employee saying something they did not say
- A fake screenshot or message created to look like it came from a real person
- AI-generated content using someone’s face, body, name, voice, or likeness without consent
Deepfakes can be created as a “joke,” as retaliation, as harassment, or as part of a deliberate attempt to damage someone’s reputation. But at work, even a so-called joke can have serious consequences.
Why deepfakes are becoming a workplace issue
Workplaces run on trust. Employers rely on emails, Slack messages, texts, video calls, security footage, social media posts, and other digital evidence every day.
Deepfakes make that more complicated.
For employees, the risk is not just that fake content exists. The risk is that fake content can spread quickly, be believed quickly, and cause real professional harm before anyone has taken time to investigate.
For example:
- A fake explicit image of an employee is circulated among coworkers.
- A fake audio recording makes it sound like an employee made a racist, sexist, or threatening comment.
- A fake video is shared with HR to support a complaint.
- A coworker uses AI to mock, sexualize, or humiliate someone.
- An employee is accused of misconduct based on content that may not be real.
In other words, a deepfake can create two very different legal problems: an employee may be harmed by being targeted, or an employee may be disciplined based on content that is false.
Could creating or sharing a deepfake cost you your job?
Yes.
If you create, share, or circulate deepfake content involving a coworker, supervisor, client, customer, or business contact, your employer may treat that as serious misconduct.
Depending on the content, it may violate:
- A sexual harassment policy
- An anti-discrimination or anti-harassment policy
- A code of conduct
- A social media policy
- An electronic communications or technology policy
- A confidentiality policy
- A workplace violence or bullying policy
If the deepfake targets someone based on sex, sexual orientation, gender identity, race, disability, religion, age, pregnancy, national origin, or another protected characteristic, the issue may be even more serious. In Massachusetts, workplace harassment based on a protected class can be unlawful. Sexual harassment is also unlawful, and employers have obligations to address it.
The important point is this: “It was AI” is not a defense to workplace misconduct. If the content harms a coworker or contributes to a hostile work environment, the employer is likely to take it seriously.
What if you are the target of a workplace deepfake?
If someone creates or shares fake content about you at work, it can feel embarrassing, invasive, and overwhelming. But how you respond matters.
Here are practical steps Massachusetts workers should consider:
- Preserve the evidence. Save what you can, including screenshots, URLs, messages, dates, times, names of people involved, and where the content was shared. If the content is explicit, be careful about forwarding it or redistributing it.
- Write down what happened. Keep a timeline of when you learned about the content, who saw it, who shared it, and how it affected you at work.
- Report it in writing. If you report the issue to HR or management, do it in writing. Be clear that the content is fake or suspected to be fake, explain why it is harmful, and identify whether it involves sexual harassment, discrimination, retaliation, or another protected issue.
- Ask the company to preserve evidence. The employer may have access to internal messages, devices, email records, security logs, or other information you cannot access.
- Do not resign in the heat of the moment. If the situation is unbearable, talk to an employment attorney before making a decision that could affect your rights.
- Do not sign anything without review. If your employer offers a separation agreement or asks you to sign a statement about what happened, get legal advice first.
If the deepfake involves nonconsensual intimate content, there may also be takedown options through online platforms and federal reporting processes. But from an employment law perspective, the workplace response still matters. An employer that ignores serious harassment simply because it happened through AI may be creating legal risk.
What if your employer disciplines you because of a deepfake?
This is a different but equally serious issue.
Massachusetts is an at-will employment state. That means an employer can generally terminate an employee for any reason that is not illegal. But that does not mean an employer can ignore discrimination, retaliation, wage laws, contractual rights, or evidence that a workplace accusation is false.
If you are accused of misconduct based on a video, image, recording, screenshot, or message that you believe is fake, consider taking these steps:
- Ask for a copy or description of the evidence.
- State clearly, in writing, that you believe the content is fake or manipulated.
- Provide any information that supports your position, such as where you were, who was with you, device records, original messages, or other context.
- Ask the employer to preserve the original file and metadata.
- Avoid deleting messages, files, or accounts that could later support your position.
- Do not make statements you are not comfortable standing behind later.
- Speak with an employment attorney if termination, discipline, or a forced resignation is on the table.
The key issue is whether the employer conducted a fair and reasonable investigation before taking action. In some cases, a rushed or biased response to fake content may be part of a larger legal problem, especially if the employee recently complained about discrimination, requested leave, reported illegal conduct, or belongs to a protected class.
Deepfakes can also be workplace harassment
A deepfake does not have to happen inside the office to affect your job.
If coworkers are circulating fake sexual images, fake humiliating videos, or AI-generated content targeting someone’s protected identity, the employer may have an obligation to respond once it knows or should know about the conduct. That can be true even if the content was created after hours, on a personal device, or shared through social media.
For Massachusetts workers, the practical question is not just, “Was this fake?”
The better question is: “Is this affecting my workplace, my reputation, my safety, or my ability to do my job?”
If the answer is yes, it should be taken seriously.
The bottom line
Deepfakes are a new technology, but many of the workplace legal issues they create are familiar: harassment, discrimination, retaliation, defamation, privacy, discipline, and wrongful termination concerns.
For Massachusetts workers, the most important thing is not to assume that fake AI content is “just an internet problem.” If it shows up at work, affects your reputation, or is used against you by coworkers or your employer, it may have real legal consequences.
If you have been targeted by a workplace deepfake, accused of misconduct based on fake digital content, or disciplined after reporting AI-generated harassment, it is worth speaking with an experienced Massachusetts employment law attorney. Contact Rodman Employment Law to discuss your situation.
