Sexual harassment in the workplace in France

The first legal definition of sexual harassment was introduced in the French Labour Code in 1992. It has since been modified several times. A 2012 law currently defines sexual harassment as:

  • repeated sexual remarks or behaviours affecting someone’s dignity because of its degrading or humiliating nature, or creating an intimidating, hostile or offending situation;
  • pressurising someone with the intent of getting sexual favors for oneself or for someone else.

In addition, since 2015, the French Labour Code prohibits any sexist behavior affecting the dignity of an employee or creating an intimidating, hostile, degrading, humiliating or offensive working environment.

Finally, since 2019, in companies employing at least 250 employees, someone has to be appointed as a “sexual harassment officer”. In every company that has a Social and Economic Committee, such an officer is also designated by the Committee from within its members.

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

The employer has a general duty of care regarding their employees’ mental and physical health. Since 2012, this obligation includes the prevention of sexual harassment in the workplace.

Companies must implement policies to prevent sexual harassment and to manage these situations promptly, should they arise.

3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?

According to the Department of Justice, a year after the #MeToo movement, sexual harassment cases increased by 35%. This increase may also partly be due to the capping of damages in unfair dismissal cases, since this cap is not applicable when the dismissed employee is a victim of harassment.

No employee can be dismissed for having been a victim of, or having refused to be, a victim of harassment or for testifying about the existence of such acts.

Such a dismissal is null and void, and the employee has to be reinstated and is entitled to a minimum of 6 months’ salary as compensation, with no cap.

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

Amber. Sexual harassment is now a core issue for many companies, especially since the French Government has made gender equality a top priority and strengthened companies’ obligations on this specific matter.

As an example, more than twenty corporations signed a joint charter on sexual harassment in the media sector in March 2019.

The #MeToo movement made some companies realise they cannot ignore this matter as it can have significant consequences for the people involved as well as their image and reputation.

6. Any other relevant information on workplace harassment?

When dismissing an employee who allegedly harassed his or her coworkers, companies have to be cautious about the burden of proof that lies on them: most often anonymous evidence is not enough in court if the employee challenges the grounds of his or her dismissal.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

In France, there has been a focus on this issue within the hospitality sector. Several investigations show employees are particularly exposed to such acts in this field of work.

An investigation led by feminist organisations also exposed sexist and sexual violence in the media sector.