Takeaways

• AI-generated deepfake sexual images are an emerging workplace risk for organizations, with scrutiny of alleged activity and the response to it both on the rise.
• Deepfakes can create significant legal liabilities and employee-relations issues.
• Employers should respond quickly and thoroughly upon receiving an employee complaint about misuse of AI and deepfake technology.

Article

Artificial intelligence (AI) has made it easier than ever to produce convincing, nonconsensual sexually explicit deepfake images from publicly available photographs. Employers should recognize that misuse of AI to generate fake, sexually explicit, or harassing content can introduce workplace issues and that organizational inaction can create significant legal risk for employers.

A recently filed lawsuit against Lancaster Country Day School in Pennsylvania illustrates the potential liability institutions face not only for the alleged misconduct, but also for how they respond after learning of it. According to the complaint, two students allegedly used AI tools to generate hundreds of sexually explicit “deepfake” images of female classmates and shared the images online. The lawsuit further alleges school officials received reports of the conduct months before law enforcement became involved, yet the school failed to take appropriate investigative or corrective steps.

Although the case involves alleged misconduct in an educational setting, the underlying issue increasingly extends beyond...

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