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Sexual harassment is a distinct occupational risk that employers are obligated to prevent, assess, and address promptly. Why and how should you implement an effective sexual harassment prevention policy? Tennaxia explains everything 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 encompasses a wide range of comments and behaviors. Before addressing employer obligations, it is important to clarify the scope of this concept based on the regulatory provisions that define it.
The Labor Code distinguishes two types of sexual harassment :
1) Serious pressure exerted for the purpose of obtaining a sexual act (referred to as "assimilated" sexual harassment)
“No employee shall be subjected to acts (...) assimilated to sexual harassment, consisting of any form of serious pressure, even if not repeated, exerted for the real or apparent purpose of obtaining a sexual act, whether sought for the benefit of the perpetrator or for the benefit of a third party” (Article L1153-1 of the Labor Code).
This first form of sexual harassment is characterized by several elements:
- the exercise of serious pressure, even if not repeated: the perpetrator uses "sexual blackmail" techniques, attempting to force a person into a sexual act in exchange for either a benefit (a better position, a raise, etc.) or the assurance that it will help them avoid a harmful situation (dismissal, transfer, etc.). This can be a single, isolated act.
- with a real or apparent goal: sexual harassment is established as soon as an intention is expressed or suggested by the perpetrator. In other words, it is not necessary for the perpetrator to actually intend to follow through with the act.
- to obtain a sexual act: this does not only refer to requests for sexual intercourse, but more generally to any request intended to satisfy a sexual fantasy or to heighten/provoke sexual desire.
- sought for the benefit of the perpetrator or a third party: the sexual act may be sought for the benefit of someone other than the perpetrator.
📃 Case law : It constitutes sexual harassment for an association president to suggest to an employee complaining of sunburn that she sleep in his room, claiming it would "do her good" (Cass. soc. May 17, 2017, no. 15-19.300).
2) Unwanted and repeated remarks or behavior of a sexual nature
"No employee shall be subjected to sexual harassment, defined as repeated remarks or behavior with sexual connotations that:
- violate their dignity due to their degrading or humiliating nature;
- create an intimidating, hostile, or offensive situation for them” (Article L1153-1 of the French Labor Code).
This form of sexual harassment is, in practice, harder to identify than the first. It is primarily characterized by:
- repeated remarks or behavior (at least two)
- experienced and unwanted by the victim: lack of consent is a key component of sexual harassment. However, the regulations do not require that this lack of consent be expressed explicitly.
- violating the person's dignity: this may include, for example, obscene jokes, familiar remarks with sexual or sexist connotations, whistling, staring, etc.
- or creating an intimidating, hostile, or offensive situation for them: for example, unwanted physical contact, intrusive questions about sexual practices, etc.
📃 Case law : Sexual harassment is established when an employer places sexually explicit books or articles on an employee's desk, or makes sexual remarks, invitations, or propositions, sometimes accompanied by inappropriate physical gestures (Cass. soc. May 17, 2017, No. 15-19.300).
Sexual harassment must be distinguished :
- from sexist behavior, defined as “any behavior related to a person's sex, with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment” (Article L1142-2-1 of the French Labor Code) ;
- from other types of offenses such as sexual assault or psychological harassment (devoid of sexual connotations).
In practice, however, the line between these different concepts is thin. It is not uncommon for sexist behavior to coexist with sexual harassment or even unwanted sexual touching (sexual assault). Under its general duty of care, the employer must prevent all such behavior.
Sexual harassment is a criminal offense
Acts of sexual harassment are punishable by two years' imprisonment and a fine of 30,000 euros (Article 222-33 of the Penal Code). This penalty may be increased to 3 years' imprisonment and a fine of 45,000 euros in the event of aggravating circumstances (e.g., acts committed against a minor under 15, a vulnerable person, or by several accomplices, etc.).
It is also important to note that in a ruling on March 12, 2025, the Court of Cassation established for the first time that “remarks with sexual or sexist connotations directed at several people, or made in front of several people, may be considered imposed upon each of them”. In other words, the offense of sexual harassment can be established even in the absence of a single targeted victim. This is referred to 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 reported having faced a situation of sexual harassment during their professional lives. Yet, only 3 out of 10 cases are reported to management or the employer, and nearly 30% of victims never speak about it (source: 2014 IFOP survey for the Defender of Rights).
Promoting a corporate culture based on respect and gender equality plays a crucial role in encouraging victims to speak out. However, further progress is still needed. In fact, only 58% of female employees feel sufficiently protected against sexual harassment at work by existing company policies (source: 2025 Ipsos Barometer: Stop Ordinary Sexism in the Workplace).
But the challenge of preventing sexual harassment does not lie solely in protecting the mental health of victims. It also carries significant consequences for the company, both legally, economically, and socially :
- Legal : the company may be held liable for failing to meet its obligations, with a risk of financial penalties and legal costs;
- Economic : by creating a toxic work environment that fuels 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 the company's image and harm its relationships with stakeholders (clients, partners, suppliers), while also leading to a loss of talent, recruitment difficulties, and employee disengagement.
Sexual harassment in the workplace: what are the employer's obligations?
The employer must take all necessary measures to prevent, put an end to, and sanction acts of sexual harassment (Article L1153-5 of the French Labor Code). Combating sexual harassment in the workplace therefore has two dimensions:
- a preventive dimension : under their general duty of care, employers must take all necessary preliminary measures to prevent such incidents from occurring;
- a corrective/repressive dimension : as soon as they are informed of acts of sexual harassment, employers must take immediate action to put an end to them.
It is imperative to act on both fronts. Indeed, simply putting an end to a situation of sexual harassment is not enough to absolve an employer of liability. They must also have taken proactive steps through a prevention policy.
Assessing the risk of sexual harassment in the company
In accordance with the general principles of occupational risk prevention, the assessment of occupational risks must include the risk of sexual harassment and sexist behavior in the workplace as a psychosocial risk and its findings must be recorded in the single occupational risk assessment document (DUERP).
ℹ Keep in mind : There is no single method for assessing this risk. However, certain indicators can be useful to consider:
● are some employees isolated or particularly vulnerable?
● is there a rigid social hierarchy within the company?
● what is the frequency and nature of contact with the public?
● what is the level of gender diversity within teams?
● etc.
To ensure the assessment is comprehensive and objective, it is important to incorporate perspectives from various stakeholders (members of the Social and Economic Committee, occupational health physicians, occupational psychologists, etc.).
Depending on the level of risk identified, the employer must then determine the appropriate actions to implement.
Informing and raising awareness among employees about sexual harassment
Communicating on the topic of sexual harassment is a regulatory requirement. Indeed, Article L1153-5 of the Labor Code requires that employees, interns, and candidates be informed, in the workplace as well as in the premises where hiring takes place :
- of the text of Article 222-33 of the Penal Code (offense of sexual harassment);
- of the civil and criminal legal actions available in cases of sexual harassment;
- of the contact details for the relevant authorities and services.
ℹ 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 behavior (Article L1321-2 of the Labor Code).
In addition to this general duty to inform, the employer may also implement any further awareness and information initiatives deemed necessary as part of their safety obligations, including:
- broader awareness initiatives for all employees, for example through internal memos, emails, posters, or information and discussion sessions. The goal is to ensure that every employee is able to identify situations of sexual harassment, whether they are a victim, a witness, or the perpetrator.
- training for CSE members and managers, as the latter play a key role in the fight against sexual harassment.
🛠️ Tools : The INRS has developed several posters that companies can use to raise awareness among their staff.
Appointing a representative for the prevention of sexual harassment and sexist behavior
Since 2018, in any company with at least 250 employees, The employer must designate a point of contact responsible for guiding, informing, and supporting employees regarding the prevention of sexual harassment and sexist behavior (Article L1153-1 of the French Labor Code).
ℹ Note : Employers have flexibility in defining the scope of this role. Responsibilities may include conducting awareness and training initiatives, implementing internal procedures to facilitate the reporting and handling of sexual harassment cases, and more.
Furthermore, whenever a Social and Economic Committee (CSE) exists within the company, its members must designate a sexual harassment representative for the committee (Article L2314-1 of the French Labor Code).
Responding quickly and effectively to sexual harassment
Every report of sexual harassment must be handled quickly and effectively (Article L1153-5 of the French Labor Code). Employers have a 2-month window to take disciplinary action against an individual for harassment. This period is calculated from the day the employer becomes aware of the incident (article L1332-4 of the French Labor Code). Once this period has passed, it is no longer possible to sanction the individual unless criminal proceedings have been initiated.
ℹ Please note : If the report is submitted by a member of the Social and Economic Committee (CSE), then the specific procedure for the right of alert applies. The employer is required to conduct an investigation without delay and take the necessary measures to resolve the situation.
Once the report is received by the employer, it must undergo an initial analysis by the designated representative (in companies with at least 250 employees) or by the HR manager, a member of management, or the employer themselves in smaller companies.
The Ministry of Labor recommends following these 3 steps:
1) Acknowledge receipt of the report : although not mandatory, this informs the person who filed the report that the situation is being addressed.
2) Conduct an initial discussion with the person who filed the report (and the victim, if they are not the same person): the goal is to gather specific details about the incident.
3) Perform an initial analysis of the facts to determine the next steps in the process.
Following this initial analysis of the reported facts, several outcomes are possible:
- It is clearly determined that the situation does not constitute sexual harassment or sexist behavior : the employer then informs the person who filed the report that no investigation will be conducted.
⚠️ Please note : Even if the situation does not legally qualify as sexual harassment, the report may still reveal underlying issues or distress experienced by the employee that should not be taken lightly. It is therefore important to consider conflict resolution solutions regardless. Remember that the employer has a duty to protect the mental health of their employees.
- This is not sexual harassment, but sexist behavior : in this case, the employer must at a minimum issue a formal warning to the perpetrator;
- The possibility of sexual harassment cannot be ruled out : it is therefore recommended to conduct an internal investigation to establish the facts and determine the liability of the person involved.
ℹ Please note : Legally, an investigation is only mandatory when the employer is notified by a member of the Social and Economic Committee (CSE) exercising their right of alert. However, it is strongly recommended.
Where applicable, it is essential that the investigation be conducted with discretion to protect the dignity and privacy of all individuals involved (victim, witnesses, perpetrator). It may be carried out jointly by a member of management and a member of the CSE to ensure a diversity of perspectives.
🔎 Focus : As part of this investigation, it is necessary to at least interview the alleged victim, the person who filed the report, the accused party, any potential witnesses, and their direct supervisors.
For your information, the Defender of Rights published a framework decision on February 6, 2025, providing a number of methodological recommendations for employers conducting investigations into discrimination and harassment. Please feel free to consult it.
The investigation results in a report that compiles the transcripts of the interviews conducted and concludes whether or not the facts constitute sexual harassment.
- If sexual harassment is established : the employer must impose disciplinary action on the perpetrator (article L1153-6 C. trav.). Failure to do so may result in the employer being held liable. They must also ensure that the victim returns to normal working conditions.
- If sexual harassment is not established : the employee who filed the report is protected and cannot be penalized except in cases of bad faith (they were aware that the reported facts were false).
⚠️ Caution : In both cases, it is important to remain vigilant and ensure that working relationships do not deteriorate following the investigation, as it can create tension and foster a climate of distrust among those involved.