HR and AI Deepfakes in the Workplace

April 9, 2026
Hall Benefits Law, LLC

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. 

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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