ARTICLE
14 April 2026

HR And AI Deepfakes In The Workplace

HB
Hall Benefits Law

Contributor

Strategically designed, legally compliant benefit plans are the cornerstone of long-term business stability and growth. As such, HBL provides comprehensive legal guidance on benefits in M&A, ESOPs, executive compensation, health and welfare benefits, retirement plans, and ERISA litigation matters. Responsive, relationship-driven counsel is the calling card of the Firm.
As artificial intelligence (AI) advances rapidly and reaches previously unimagined levels of sophistication, HR professionals are increasingly encountering AI-generated deepfakes.
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As artificial intelligence (AI) advances rapidly and reaches previously unimagined levels of sophistication, HR professionals are increasingly encountering AI-generated deepfakes. These deepfakes, which can take the form of videos, audio recordings, or messages, may be involved in workplace investigations, compliance reviews, and employee disputes. Use of deepfakes to attack corporations and executives is also on the rise. As a result, HR professionals now need to evaluate their authenticity, which isn’t always easy given the precipitous rise in sophistication. 

From an HR perspective, the ability to distinguish between deepfakes and authentic pictures, videos, recordings, and messages is key, as the evidence can impact disciplinary action, including termination decisions. An inability to verify digital evidence heightens the risk of making decisions based on false information. Not only can these issues affect disciplinary action, but they can also lead to legal consequences, such as wrongful termination claims. 

As AI technology improves and usage skyrockets, some organizations are responding to these potential risks. Organizations may update their code of conduct to address AI-related issues and develop policies governing AI use. Others provide training for HR staff on distinguishing true content from deepfakes and on preserving and handling digital evidence during workplace investigations. Organizations should also educate employees on detecting and responding to AI threats by establishing procedures for reporting. Awareness of red flags such as inconsistencies in audio, video, or metadata can lead to earlier detection and resolution. Finally, IT departments should have access to both internal tools and third-party forensic experts to provide independent analysis if needed. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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