Harassment nowadays can involve technology and artificial intelligence (AI). Whether it is a fake image circulating in a group chat or an AI-generated recording mimicking your voice, these issues are now moving into the workplace. If you are experiencing this, understand that this does not give your harasser a free pass to violate your dignity.
The new face of workplace hostility
Despite the good intentions of generative AI, some people use it to create unauthorized imagery or deepfakes. If your colleague uses this tool to create sexually explicit media involving your face, they can be held liable.
Under the Minnesota Human Rights Act, workplace harassment constitutes illegal discrimination if it creates a hostile work environment. This includes the use of offensive pictures or digital replicas without your consent.
Your rights under Minnesota law
If someone creates or shares a deepfake of you in a sexual context without your consent, they may be violating the law. The state criminalizes the non-consensual dissemination of deepfakes depicting intimate parts or sexual acts. The severity of the crime depends on the circumstances. A charge may start as a gross misdemeanor, but it can become a felony if you lose your job or if the perpetrator intended to profit from the image.
Furthermore, Minnesota law provides you with a civil cause of action. This means you can sue the individual responsible for using AI-generated sexual images. You can seek general damages, a civil penalty of up to $10,000 and the recovery of your legal fees.
Your employer also has a legal duty to act. If they know this is happening and fail to take prompt and appropriate corrective action, they could be liable for the environment they allowed to persist.
Regaining control over your career
As soon as you discover someone in the office is targeting you with AI-enhanced harassment, consider taking these actions:
- Document all instances
- Save screenshots of the generated media
- Preserve the links
- Report the behavior through your company’s internal channels
Regardless of the tech involved, you are legally entitled to a safe work environment, and sexual harassment in any form is unacceptable. Navigating the intersection of emerging tech and employment law can be overwhelming, especially when you are dealing with the emotional weight of digital abuse. Seeking legal counsel is the best step to move forward.