.svg)
.jpg)
Sexual harassment is an occupational hazard in its own right, which employers are obliged to prevent, assess and deal with promptly. Why and how can an effective sexual harassment prevention policy be put in place? Tennaxia explains in detail in this article.
Sexual harassment in the workplace: what are we talking about?
Definition(s) of sexual harassment
Sexual harassment is a complex concept to define. It can take many different forms, and covers a multitude of comments and behaviors. Before discussing the employer's obligations, it is therefore important to clarify the contours of this notion, based on the regulatory provisions that define it.
The French Labour Code distinguishes between two types of sexual harassment :
1) Serious pressure with the aim of obtaining an act of a sexual nature (referred to as "assimilated" sexual harassment)
"No employee may be subjected to acts (...) assimilated to sexual harassment, consisting of tany form of serious pressure, even if not repeated, exercised with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the perpetrator or a third party" (article L1153-1 C. trav.).
This first form of sexual harassment is characterized by several elements:
- serious pressure, even if not repeated: the perpetrator uses "sexual blackmail" techniques, trying to force a person to perform an act of a sexual nature in return for either an advantage (a better job, a raise, etc.) or the assurance that the act will enable him or her to avoid a harmful situation (dismissal, transfer, etc.). It may be an isolated act.
- with a real or apparent aim: sexual harassment is characterized by an intention expressed or suggested by the perpetrator. In other words, it is not necessary for the perpetrator to actually intend to carry out the act.
- to obtain an act of a sexual nature: not only requests for sexual relations, but more generally any request intended to satisfy a sexual fantasy or to accentuate/provoke sexual desire.
- sought for the benefit of the perpetrator or a third party: the sexual act may be sought for the benefit of a person other than the perpetrator .
📃 Case law French case law : Constitutes sexual harassment for an association president to have suggested to an employee complaining of sunburn that she sleep with him in his room, claiming that this would "do her good" (Cass. soc. May 17, 2017, n°15-19.300).
2) Repeated unwanted sexual comments or behavior
"No employee shall be subjected to acts of sexual harassment, consisting of repeated comments or behaviour with a sexual connotation which :
- violate his dignity by being degrading or humiliating;
- create an intimidating, hostile or offensive situation".(article L1153-1 C. trav.).
In practice, this form of sexual harassment is less easy to apprehend than the first. It is mainly characterized by :
- repeated comments or behavior (at least two)
- suffered and unwanted by the victim: non-consent is one of the constitutive elements of sexual harassment. However, the law does not require that such non-consent be expressly and explicitly expressed.
- undermining personal dignity: for example, obscene jokes, familiar sexual or sexist comments, whistling, insistent glances, etc.
- or create an intimidating, hostile or offensive situation: for example, unwanted physical contact, intimate questions about sexual practices, etc.
📃 Case law : Constitutes sexual harassment for an employer to place on an employee's desk books or articles of a sexual nature, to make sexual remarks, invitations or proposals to her, sometimes accompanied by inappropriate gestures (Cass. soc. May 17, 2017, n°15-19.300).
Sexual harassment must be distinguished :
- sexist harassment, defined as "any harassment related to a person's sex, with the purpose or effect of undermining their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment" (article L1142-2-1 C. trav.);
- other types of offence, such as sexual assault or moral harassment (without sexual connotations).
In practice, however, there's a fine line between all these different notions. In fact, it is not uncommon for sexist behavior to coexist with sexual harassment or even sexual touching (sexual assault). As part of its general safety obligation, the employer must prevent all such behavior.
Sexual harassment is a criminal offence
Sexual harassment is punishable by two years' imprisonment and a fine of 30,000 euros(article 222-33 of the French Penal Code). This penalty can be increased to 3 years' imprisonment and a 45,000-euro fine in the event of aggravating circumstances (e.g. acts committed against a minor under 15 years of age, a vulnerable person, by several accomplices, etc.).
It is also important to point out that in a ruling dated March 12 2025, the French Supreme Court (Cour de cassation) for the first time ruled that "comments with sexual or sexist connotations addressed to several persons, or adopted in front of several persons, are liable to be imposed on each of them". In other words, the offence of sexual harassment can be characterized even in the absence of a single targeted victim. This is known as "ambient" or "environmental" sexual harassment.
What are the challenges of preventing sexual harassment in the workplace?
Despite legislative progress and growing awareness, sexual harassment in the workplace remains a major and often taboo issue. In 2014, 20% of working women said they had experienced sexual harassment in the course of their professional lives. Yet only 3 out of 10 cases are reported to management or the employer, and almost 30% of victims never talk about it (source: IFOP 2014 survey for the Défenseur des droits).
Promoting a corporate culture based on respect and gender equality plays a crucial role in freeing victims to speak out. However, progress is still needed. In fact, only 58% of female employees feel that they are sufficiently protected against sexual harassment in the workplace by the systems in place within their company (source: Baromètre Ipsos 2025 Stop au Sexisme Ordinaire en Entreprise).
But preventing sexual harassment is not just about protecting the mental health of victims. It also has important legal, economic and social consequences for the company :
- legal: the company may be held liable in the event of a breach of its obligations, with the risk of financial penalties and costs associated with legal proceedings;
- economic: by creating a toxic work environment conducive to absenteeism and turnover, harassment can lead to a loss of productivity for the company, as well as costs associated with recruiting and training new employees.
- social : harassment can damage a company's image, harming relations with its stakeholders (customers, partners, suppliers) and leading to a loss of talent, recruitment difficulties and employee disengagement.
Sexual harassment in the workplace: what are the employer's obligations?
Employers must take all necessary steps to prevent, put an end to and punish acts of sexual harassment(article L1153-5 C. trav.). The fight against sexual harassment in the workplace therefore has two dimensions:
- a preventive dimension : as part of its general safety obligation, the employer must take all prior measures it deems necessary to prevent such events from occurring;
- a corrective/repressive dimension : when informed of sexual harassment, the employer must take immediate steps to put an end to it.
It is imperative to act on both fronts. Simply putting an end to a situation of sexual harassment is not enough to relieve the employer of liability. The employer must also have taken preventive action.
Assessing the risk of sexual harassment in the workplace
In accordance with the general principles of occupational risk prevention, the assessment of occupational risks must take into account the risk of sexual harassment and gender-based harassment as a psychosocial risk, and the results must be recorded in the company's single risk assessment document (DUERP).
ℹ Please note : There is no single method for assessing this risk. However, certain indicators can usefully be taken into account:
● are certain workers isolated or particularly vulnerable?
● Is there a strong hierarchy of social relationships within the company?
● What is the frequency and nature of contacts with the public?
● What is the team gender mix?
● etc.
To ensure that the assessment is comprehensive and objective, it is important that it is informed by the viewpoints of a variety of people (members of the CSE, occupational physicians, occupational psychologists, etc.).
Depending on the level of risk identified, the employer must then determine the type of action to be taken.
Informing employees and raising their awareness of sexual harassment
Communication on the subject of sexual harassment is a regulatory obligation. Article L1153-5 of the French Labor Code requires that employees, trainees and job applicants be informed, in the workplace as well as on the premises where they are hired:
- the text of article 222-33 of the French Penal Code (offence of sexual harassment);
- civil and criminal litigation relating to sexual harassment ;
- contact details for the relevant authorities and services.
ℹ Please note : The Labor Code also stipulates that the company's internal regulations must mention the provisions of the Labor Code relating to sexual harassment and sexist harassment (article L1321-2 C. trav.).
In addition to this general obligation to provide information, the employer may also implement, as part of his safety obligation, any additional awareness-raising and information measures he deems necessary, in particular :
- a more general awareness-raising campaign aimed at all employees, using, for example, memos, e-mails, posters, information and discussion sessions. The aim is to ensure that all employees are able to identify situations of sexual harassment of which they may be victims, witnesses or perpetrators.
- training for CSE members and managers, who play a central role in the fight against sexual harassment.
🛠️ Tools : INRS has produced several posters that companies can use to raise awareness among their employees.
Designate a referent to combat sexual harassment and gender-based harassment
Since 2018, in any company with at least 250 employees, the employer has been required to appoint an employee referent responsible for guiding, informing and supporting employees in the fight against sexual harassment and sexist abuse (article L1153-1 C. trav.).
ℹ Please note : Employers have some leeway in determining the scope of this representative's duties. These may include awareness-raising/training initiatives, the implementation of internal procedures to facilitate the reporting and handling of sexual harassment situations, etc.
In addition, if the company has a CSE, its members must appoint a sexual harassment representative to the CSE (article L2314-1 C. trav.).
Responding quickly and effectively to sexual harassment situations
Every report of sexual harassment must be dealt with quickly and effectively (article L1153-5 C. trav.). Employers have 2 months in which to punish the perpetrator of harassment. This period begins on the day the employer becomes aware of the harassment (article L1332-4 C. trav.). Once this period has elapsed, it is no longer possible to punish the perpetrator, unless criminal proceedings have been initiated.
ℹ Please note : If the alert comes from a member of the CSE, then the specific specific procedure for the right to alert applies. The employer is obliged to investigate without delay, and to take steps to remedy the situation.
Once the report has been received by the employer, it must be analyzed by the designated contact person (in companies with at least 250 employees), or by the HR manager, a member of management or the employer himself in smaller companies.
The Ministry of Labour then recommends 3 steps:
1) Acknowledge receipt of the report: although not compulsory, this informs the reporter that the situation is being processed.
2) Hold an initial discussion with the person who filed the report (and the victim, if it's not the same person): the aim is to find out more about the facts.
3) Carry out an initial analysis of the facts to guide further proceedings.
Following this initial analysis of the facts reported, there are several possibilities:
- If it becomes clear that this is not a case of sexual harassment or gender-based harass ment, the employer informs the person making the report that no investigation will be carried out.
⚠️ Caution : Even if sexual harassment is not legally defined as such , reporting may reveal a malfunction or uneasiness on the part of the victim employee that should not be taken lightly.. It is therefore important to consider ways of resolving the conflict. Remember that employers must protect the mental health of their employees.
- In this case, the employer must at least call the perpetrator to order;
- The possibility of sexual harassment cannot be ruled out : it is therefore advisable to carry out an internal investigation to establish the reality of the facts and to ensure that the person in question is held accountable.
ℹ Note : Legally, an investigation is only compulsory when the employer is approached by a member of the CSE within the framework of his right to alert. However, it is strongly recommended.
In such cases, it is vital that the investigation is conducted with discretion to protect the dignity and privacy of all those involved (victim, witnesses, perpetrator). It can be carried out jointly by a member of management and a member of the CSE to ensure a plurality of viewpoints.
🔎 Focus : As part of this investigation, at least the alleged victim, the person who filed the report, the person implicated, any witnesses and their direct hierarchical superiors should be interviewed.
For your information, on February 6, 2025, the Défenseure des droits published a framework decision providing employers with a number of methodological recommendations for conducting investigations into discrimination and harassment. Feel free to consult it.
The investigation results in a report that compiles the minutes of the hearings and concludes whether or not sexual harassment has occurred.
- In the event of characterized sexual harassment: the employer must apply a disciplinary sanction to the perpetrator(article L1153-6 C. trav.). Failing this, the employer may be held liable. The employer must also ensure that the victim returns to normal working conditions.
- In the event of uncharacterized sexual harassment: the employee who made the report is protected and cannot be punished unless he or she acted in bad faith (i.e. was aware of the falsity of the facts reported).
⚠️ Caution : In both cases, it is important to remain vigilant and to ensure that working relationships do not deteriorate as a result of the survey, as this can generate tension and a climate of mistrust between the people involved.