How Digital Misconduct is Reshaping Workplace Risk Management

May 7, 2026 – Workplace misconduct rarely starts in the workplace anymore. Increasingly, the earliest signals appear online, often long before employers are aware of any issues, according to Fama Technologies’ latest State of Misconduct at Work report. The study found that digital platforms have become the first place where behaviors are expressed, documented, and observed. The findings show that misconduct signals are rising and appearing in places many employers did not historically associate with workplace risk, creating new challenges for organizations trying to manage employee behavior and protect workplace culture.

In 2025, Fama found that 6.45 percent of screenings contained misconduct signals, a 34 percent increase year over year. In practical terms, roughly one in 15 screenings revealed adverse online behavior connected to harassment, intolerance, or other forms of misconduct. Fama explained that this sharp increase highlights how rapidly online behavior is evolving and how important it is for employers to stay ahead of emerging risks. Harassment and trolling represented the largest share of flagged behavior (37.2 percent), followed by intolerance (23.9 percent) and sexually explicit misconduct (17.8 percent). “These categories continue to dominate misconduct trends and reflect broader societal shifts in communication and online interaction,” the report said.

But the most notable shift this year is where these signals are appearing, the Fama report found. “Over the past year, misconduct flags grew most sharply on LinkedIn and Facebook, platforms commonly used for professional networking and employer engagement,” the study said. Misconduct signals on LinkedIn increased by nearly 200 percent year over year, while flags on Facebook grew by more than 100 percent during the same period. At the same time, activity declined significantly on platforms historically associated with public conflict, suggesting that behavioral risk is shifting toward more mainstream and professional online environments where individuals are more closely tied to their real identities, the Fama report noted.

For employers, this shift matters. “LinkedIn profiles, Facebook activity, and other public digital footprints are increasingly intertwined with recruiting, employer branding, and professional identity,” the Fama report explained. “These platforms are no longer purely personal spaces; they function as extensions of an individual’s professional persona. When misconduct signals appear in those environments, they are often closer to hiring decisions, employee experience, and workplace safety than organizations expect. This proximity increases both reputational and operational risk for employers.”

Industry benchmarks reinforce this risk. Fama pointed out that the sectors with the highest misconduct rates include media and entertainment (33.6 percent), technology (16.7 percent), and consumer services (15.4 percent), followed by financial services (11.8 percent), healthcare (11.4 percent), and manufacturing (11.6 percent). Fama noted that these variations demonstrate that misconduct is not evenly distributed and that certain industries may face heightened exposure due to the nature of their workforce, culture, or online engagement patterns.

These findings highlight a broader reality: behavioral risk often surfaces online before it becomes a workplace issue, according to the Fama report. “For HR and talent acquisition leaders, the challenge is not only identifying misconduct, but identifying it early enough to act responsibly and compliantly,” it said. “Early detection allows organizations to mitigate risks before they escalate into larger cultural or legal problems.”

What Employers Need to Know

Misconduct risk does not appear evenly across industries or online environments. Each sector shows distinct patterns in how and where concerning behavior surfaces, according to the Fama report. “For HR and talent acquisition leaders, this means a one-size-fits-all screening approach is unlikely to capture the risks that matter most,” it said. “Instead, organizations must tailor their strategies to align with the unique risk profiles of their industry.”

Rethinking Executive Due Diligence: Beyond the Traditional Background Check

As organizations place greater scrutiny on leadership appointments, the scope of due diligence is expanding well beyond traditional screening methods. Companies are recognizing that evaluating senior executives requires a more comprehensive understanding of risk, reputation, and long-term impact. In this environment, firms are adopting more rigorous and nuanced approaches to assess candidates before they take on high-stakes roles. “Background checks of all levels play an integral role in responsible hiring, but traditional background checks are not designed to capture the full spectrum of risk associated with senior leadership roles,” said Morgan Taylor, partner and head of executive diligence at Mintz Group.

Fama also pointed out that benchmarking misconduct rates within your industry helps identify where additional review may be warranted, from expanded screening coverage to ongoing rescreening and training initiatives. Higher misconduct “hit rates,” or the percentage of screenings that are flagged for misconduct, can signal areas where organizations may benefit from stronger safeguards such as structured screening programs, continuous compliance training, or leadership accountability initiatives. “These benchmarks provide actionable insights that can guide policy decisions and risk mitigation strategies,” the Fama report said.

How Employers Can Address This

As workplace risk increasingly emerges online, Fama explained that organizations should adapt risk management strategies accordingly. The report offered these three points of advice:

• Expand where you look for risk signals and improve quality of hire. Screen for the same behaviors organizations have always cared about: harassment, threats, intolerance, but in the digital spaces where those behaviors often appear first. Ensure better quality of hire by avoiding candidates with extreme behavior risks. This approach helps organizations build stronger, more reliable teams from the outset.
• Move beyond one-time screening. Behaviors change over time. Screening across the employee lifecycle helps organizations maintain visibility and mitigate risk. Continuous monitoring ensures that emerging issues are identified before they escalate into serious problems.
• Use compliant, policy-aligned processes. Candidates and employees rarely self-report misconduct they experience, witness, or participate in. Structured, compliant screening programs help organizations identify risk signals responsibly, consistently, and at scale. This ensures fairness while protecting the organization from liability.

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“The industry benchmarks and behavioral insights in this report provide a starting point for organizations seeking to modernize their approach to workplace risk,” the Fama report said. “By leveraging data and adopting proactive strategies, employers can better navigate the complexities of the digital age.”

Key Trends & Findings

In 2025, Fama found that the rate of misconduct was 6.45 percent, meaning one in every 15 screenings surfaced adverse findings. The rate represents a 34 percent rise year-over-year. On average, adverse reports had 10 hits, down from 18 hits per report last year. We are seeing more misconduct in general but fewer incidents of misconduct per report, indicating a broader spread of lower-frequency issues rather than concentrated high-risk individuals.

Social media platforms also adjusted content moderation policies over time moving from human review to AI review. It has been widely reported this change has contributed to the increase in misconduct behaviors that can be posted and shared. Fama’s data reflects this increase, suggesting that technological changes in moderation are influencing user behavior.

“Misconduct risk is not the same across sectors,” the Fama report concluded. “Misconduct benchmarks empower leaders to transform screening data into actionable insights. Compare internal results against industry norms to identify behavioral trends, streamline risk mitigation, and deploy strategies designed for your specific sector.”

“Risk is changing year to year,” the Fama report continued. “Understanding what high-risk behaviors are most common can help employers put the right policies, training, and screening technology in place to proactively manage these risks. Notably, trolling and Intolerance see the highest hit rates, reinforcing the importance of addressing online behavior and workplace civility.”

To read the full Fama report, please click here!

Contributed by Scott A. Scanlon, Editor-in-Chief and Dale M. Zupsansky, Executive Editor  – Hunt Scanlon Media