Workplace Harassment in France: Your Rights

Moral harassment involves repeated words or behaviors that have the effect of degrading an employee’s working conditions, thereby affecting their dignity, physical or mental health, or professional development.

These actions are prohibited, regardless of the hierarchical relationship between the perpetrator and the victim.

Sexual harassment is defined by words or behaviors of a sexual or sexist nature that undermine an employee’s dignity or create an intimidating, hostile, humiliating, or offensive work environment.

It can involve repeated actions, but also isolated incidents, particularly when multiple people participate, either in coordination or independently, as long as they are aware of the harassment.

Finally, any form of serious pressure (even if not repeated) aimed at obtaining a sexual act, for the benefit of the perpetrator or another person, is considered sexual harassment.

The employer is responsible for preventing harassment and protecting all employees. To do so, they must inform staff about the legal provisions prohibiting harassment and organize awareness, prevention, and training activities for all personnel.

The employer must also work closely with employee representatives or the Social and Economic Committee (CSE), if the company has one, to identify risks and implement appropriate measures. Occupational health services can also play a complementary role by participating in prevention and risk assessment, as well as suggesting workplace accommodations.

Finally, when faced with a harassment allegation, the employer must conduct an internal investigation. If harassment is confirmed, the employer is obliged to sanction the perpetrator, as such acts constitute misconduct. If the employer fails to act, the victim can hold them liable and seek compensation for the harm suffered.

Employees are protected against any retaliation related to reporting or contesting harassment, including making any dismissal automatically null and void.

To establish moral or sexual harassment, the victim must gather precise evidence showing that the incidents suffered are not justified by business needs but constitute unjustified attacks.

It is essential to document each event in detail and note the timing, keeping all relevant materials such as emails, witness statements, warning letters, or sanctions, in order to build a solid file to support your complaint or challenge.

As an employee victim, you can seek help and support from various contacts:

• Alert your employer in writing if possible, or the human resources manager, and request measures to restore normal working conditions.
• Inform employee representatives, the CSE, or, for small companies, the Regional Joint Committees (CPRI).
• Report the incidents to the labor inspectorate, which can investigate and inform the prosecutor if necessary.
• Contact occupational health services if your mental or physical health has been affected.
• If feasible, initiate a mediation process with the perpetrator to try to resolve the conflict amicably. If this fails, the mediator will advise you on legal steps.
• Approach the Defender of Rights to obtain assistance.
• Consult a union or lawyer for legal analysis and support in your actions.
• If you wish, you can bring the matter before the labor tribunal (Conseil de Prud’hommes) or criminal courts to assert your rights and seek compensation.