French Courts Broaden Harassment Protections

Landmark Rulings Redefine Workplace Conduct

French courts are ushering in a new era of employee protection by expanding the definitions of both moral and sexual harassment. Two pivotal decisions by the Court of Cassation are reshaping how workplace misconduct is understood and prosecuted.

Institutional Harassment Concept Takes Root

A significant January ruling established the concept of “institutional moral harassment.” This groundbreaking decision stemmed from the France Telecom Case, which investigated a massive 2006 restructuring impacting 22,000 jobs. Executives and the company faced charges for allegedly implementing a policy designed to hasten employee departures.

The Court of Cassation determined that identifying specific victims is not always necessary. The focus shifted to whether actions were intended to degrade working conditions. A clear “strategy of harassment” orchestrated by senior management, evidenced by years of deliberate actions aimed at reducing staff numbers, was sufficient to infer intent.

This legal interpretation highlights that criminal liability can extend to corporate leaders when systemic policies inflict widespread harm. It underscores the critical need for ethical management and proactive risk mitigation, especially during periods of organisational change.

Discriminatory Harassment Now a Distinct Offense

In a separate, highly impactful decision on November 14, 2024, the Court of Cassation formally recognised discriminatory harassment as a distinct form of discrimination under French labour law. This ruling redefined what constitutes discrimination, moving beyond tangible employment actions.

The case involved a security guard who alleged racial abuse from superiors. While lower courts found insufficient evidence of direct discriminatory measures, the Court of Cassation overturned this. It invoked Article 1, Paragraph 3 of Law No. 2008-496, stating that behaviour violating dignity or creating a hostile environment, when linked to a protected characteristic like origin or gender, constitutes discrimination.

This interpretation means that a hostile work environment, if motivated by discrimination, is now sufficient grounds for a discrimination claim, even without concrete negative employment actions. This expansion aligns with the Labour Code, offering enhanced protection against degrading or hostile work atmospheres rooted in prejudice.

The impact of this ruling is already being felt, with trial judges quickly applying the new concept. For instance, on November 26, 2024, the Paris Court of Appeal identified discriminatory harassment against female employees who experienced pervasive sexist behaviour in an open-plan office.

According to the International Labour Organization, workplace harassment remains a significant global issue, with an estimated 22.8% of employed persons experiencing harassment in 2022, highlighting the ongoing importance of strengthening legal frameworks to combat such conduct (ILO).