Fact or fiction? Deepfakes complicate harassment investigations
Executive Take
HR teams can no longer treat a video or recording as automatic proof in an investigation. Legal and HR need a plan now for verifying digital evidence before it triggers a firing or a lawsuit.
Executive Summary
Tracey Diamond, a partner at Troutman Pepper Locke, writes that deepfake technology is creating new complications for workplace harassment investigations. Employers now must weigh whether photos, videos, or audio submitted as evidence are authentic before drawing conclusions.
Why It Matters
HR leaders should care because a wrongful termination based on a faked video is now a real legal and reputational risk. This changes how investigators must handle evidence in every harassment complaint going forward.
Bizquad Perspective
Most HR teams still have no formal process to verify digital evidence, meaning a single convincing deepfake could now decide a wrongful termination lawsuit either way.