FRANCE Law and Practice Contributed by: Eva Kopelman, Ségolène Cox and Alexis Alié-Sandevoir, Axipiter
Additional legal protections: • the Labour Code – prohibition of discriminatory measures against whistle-blowers (Article L.1121- 2, L.1132-1); and • the Criminal Code – recognition of whistle-blower status as a protected category against discrimina - tion (Article 225-1 and 225-2, effective 1 Septem - ber 2022). 8.2 Sexual Harassment and/or Violence France provides specific protections against sexual harassment and gender-based violence under the Labour Code and criminal Code. Sexual Harassment • Defined in Article L.1153-1 of the Labour Code as repeated conduct or remarks of a sexual or sexist nature that either undermine dignity or create an intimidating, hostile, or offensive work environment. • Protection extends even if the conduct occurs outside of work hours or premises (Cass. Soc., 19 October 2011, No 09-72.672). • Recent case law recognises that “harassment by atmosphere” may also constitute sexual harass - ment (Cass. Crim., 12 March 2025, No 24-81.644). • The burden of proof is adjusted, as for moral harassment: the employee must present facts that give rise to a presumption of harassment (Article L.1154-1). • Employers are obliged to prevent and sanction har - assment, taking all necessary measures and acting promptly once aware (Article L.1153-5; Cass. Soc., 1 June 2016, No 14-19.702). • Victims or witnesses are protected against sanc - tions or discriminatory measures, with certain pro - tections akin to those for whistle-blowers (Article L.1153-2). Sexist Conduct • Article L.1142-2-1 of the Labour Code prohibits any conduct related to sex that undermines dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. • Unlike sexual harassment, repetition is not required, allowing early intervention to prevent escalation.
• Article R.625-8-3, Criminal Code, also criminalises sexist and sexual insults. Recent Developments Legislative and judicial trends continue to strengthen protections for victims of sexual and sexist conduct. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing France provides specific protections against moral harassment, bullying, and other forms of workplace harassment under the Labour Code. Moral Harassment • Defined in Article L.1152-1 of the Labour Code as repeated conduct that degrades working condi - tions, undermines rights or dignity, harms physical or mental health, or jeopardises career prospects. • The French Supreme Court has clarified that moral harassment may be established even if: • the perpetrator did not intend to harm (Cass. Soc., 10 Nov. 2009, No 08-41.497); • the acts are not of the same nature (Cass. Crim., 26 Jan. 2016, No 14-80.455); • the acts occur over a short or long period (Cass. Soc., 26 May 2010, No 08-43.152; 25 Sept. 2012, No 11-17.987); and • harassment arises from management methods (Cass. Soc., 10 Nov. 2009, No 07-45.321). Employer Obligations • Employers must take all necessary measures to prevent moral harassment (Article L.1152-4). • They must also sanction perpetrators; liability can - not be avoided unless the employer implemented all preventive measures and acted promptly once aware of the harassment (Cass. Soc., 1 Jan. 2016, No 14-19.702). Burden of Proof and Protection • Victims benefit from an adjusted burden of proof: they need only present facts giving rise to a pre - sumption of harassment (Article L.1154-1). • Victims or witnesses are protected against sanc - tions or discriminatory measures, with some pro - tections akin to whistle-blower protections (Article L.1153-2).
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