In France, sexual harassment is governed by the Labour Code (Articles L.1153-1 to L.1153-6) and the Criminal Code (Article 222-33). Article L.1153-1 of the Labour Code defines sexual harassment as repeated comments or conduct with a sexual or sexist connotation that undermine a person’s dignity by reason of their degrading or humiliating nature, or that create an intimidating, hostile or offensive environment. In addition, any form of serious pressure, even if not repeated, exerted with the real or apparent aim of obtaining an act of a sexual nature is also treated as sexual harassment (Article L.1153-1, 2° of the Labour Code).

Employers have a legal obligation to prevent sexual harassment in the workplace (Article L.1153-5 of the Labour Code). They must take all necessary measures to prevent sexual harassment, including training and awareness-raising. Employers are also subject to a general duty of safety towards their employees ("obligation de sécurité" – Article L.4121-1 of the Labour Code), which encompasses the prevention of harassment. The employer’s failure to comply with this duty may result in payment of damages.

Since the "Loi Avenir professionnel" of 5 September 2018 and the "Loi Santé au travail" of 2 August 2021, a designated sexual harassment and sexist behaviour referent ("référent harcèlement") must be appointed by the Work council ("CSE") (i.e., in all companies with at least 11 employees). An additional employer-appointed referent must be designated in all companies with at least 250 employees (whose role includes carrying out training actions and implementing internal procedures for reporting and handling situations of sexual harassment/sexist behaviour).

Article L.1153-5 of the Labour Code requires mandatory workplace posting informing employees of the legal definition of sexual harassment, the applicable criminal penalties, and the contact details of the relevant authorities. The internal regulations, mandatory in companies with at least 50 employees, must also include provisions relating to sexual harassment.

Key risks for employers in case of condemnation include civil liability for breach of the duty of safety and nullity of any dismissal or retaliatory measure connected to the good-faith reporting of sexual harassment (involving damages for the concerned employees). From a procedural standpoint, the burden of proof does not lie solely with the employee. The employee must present facts suggesting harassment, and the employer must prove the absence of any situation of harassment and that all preventive measure were implemented.

Complete our short quiz below to find out what your organisation's sexual harassment "health check" score is.

You will need to complete all questions to receive your score. Please select the option closest to your organisation's current position if none of the options provided are an exact match.

If you have any questions about the issues raised in this health check tool or would like to discuss sexual harassment prevention more generally, please get in touch with Gaëlle Le Breton using the form below.