Moral or sexual harassment at work

Are you a victim of moral or sexual harassment at work and wish to assert your rights? Are you the subject of legal proceedings related to harassment allegations? Our lawyers in social law offer their support, whether to stop abusive behavior or to defend you in a judicial context.

With their experience and expertise, we assist victims in an amicable resolution to quickly put an end to the reported actions. If they persist, we take the case before the Labor Court and the criminal courts to obtain compensation. We also intervene to defend accused employers and provide strategic assistance to prevent moral harassment or sexual harassment in the workplace.

The constituent elements of moral or sexual harassment at work

Le harcèlement moral au travail se manifeste par des agissements répétés ayant pour effet ou pour but de dégrader les conditions de travail d’un salarié.

This is a sequence of hostile behaviors such as:

• humiliations;
• being sidelined;
• disparaging remarks;
• unjustified pressure.

The perpetrator may be the employer himself, a superior, or a colleague. This situation can infringe your rights, harm your dignity, damage your health, or compromise your professional future. The law also recognizes that certain situations can occur during sick leave.

If you receive insistent calls, repeated emails, or if your sick leave is challenged without justification, this may constitute a form of moral harassment. These behaviors often aim to push you to return to work prematurely or to make you feel guilty. They reflect unacceptable pressure and can lead to aggravated stress or relapse.

Sexual harassment, for its part, involves repeated remarks or behavior of a sexual or sexist nature. It can also involve non-repeated acts, as long as they are accompanied by pressure to obtain a sexual favor. This form of harassment often creates a hostile, offensive, or intimidating atmosphere for the victim.

The law strictly regulates these offenses within the framework of employee protection. Moral harassment is penalized by Article L.1152-1 of the Labor Code, while sexual harassment is prohibited by Articles L.1153-1 of the Labor Code and 222-33 of the Penal Code. The penalties incurred can be disciplinary, such as a warning or dismissal, but also criminal.

In the event of legal proceedings, the perpetrator faces up to two years' imprisonment and a fine of 30,000 euros. Indeed, if you are confronted with any of these forms of harassment, it is essential to contact your specialist employment law lawyer or labor law attorney to protect your interests. Whether you are a victim or accused, you can call on our law firm for legal assistance.

Specialist lawyer for moral or sexual harassment at work: investigation and conciliation

When you are faced with a situation of moral or sexual harassment at work, it is important to know that solutions exist to protect you. The first step may be to initiate mediation with the alleged perpetrator, subject to their agreement. This approach can lead to an amicable resolution of the conflict through the intervention of a mediator.

If mediation fails, you can take firmer action to assert your rights. It is in this context that our firm can assist you. We have a competent, responsive team able to intervene anywhere in France. As soon as we intervene, our specialists can analyse the evidence you have gathered to develop a strategy adapted to your situation.

If the company has a social and economic committee (CSE), we can contact the staff to report the facts. This report requires the employer to conduct an internal investigation to clarify the matter. We ensure that this is carried out in compliance with your rights and legal obligations.

We can also represent you during any discussions with the employer or human resources. If no solution is found despite our interventions, we issue an official formal notice, demanding immediate measures to stop the actions. In some cases, it is necessary to alert the competent authorities. Our specialists can refer the matter to the labor inspectorate, particularly when serious facts persist or internal procedures aimed at protecting your integrity fail.

Specialist lawyer for moral or sexual harassment at work for legal actions

Apart from conciliation procedures or amicable settlement, we can help you seize the competent courts to assert your rights. To do so, the first step is to gather solid evidence. You must demonstrate the reality of the facts by providing concrete, written elements obtained in a fair manner.

It may involve:

• messages;
• e-mails;
• medical certificates;
• testimonies from colleagues.

Our lawyers guide you through this phase to build a complete, structured file that complies with legal requirements. Then, the Conseil des Prud’hommes can be seized within five years from the last act of harassment. We help you file a proper request containing all mandatory information: your identity, that of the harasser, the subject of the claim, the precise chronology of events, and the measures sought.

It is important to emphasize here that even if the direct perpetrator is not the employer, it is always the employer who must answer for the deficient protection of the employee. In some cases, criminal proceedings may complement labor court proceedings. Indeed, when the facts are serious or repeated, our lawyers specialized in handling cases of moral or sexual harassment at work can assist you in filing a complaint with the criminal court.

This allows action on two levels: labor law to stop the actions and obtain compensation, and criminal law to sanction the perpetrator of the facts. Throughout the procedure, we ensure your representation before the Labor Court or the criminal court.

Harcèlement moral ou sexuel au travail : défense de l’employeur

At Macfarlanes LLP, we also assist employers facing allegations of moral harassment or sexual harassment within their company. Once the facts are alleged by the employee, the law establishes a presumption of harassment. This means you have the opportunity to demonstrate that the elements put forward do not constitute harassment, but rather responded to legitimate professional requirements.

This defense requires rigorous preparation and perfect mastery of the applicable legal framework. That is why we provide experts to ensure your defense. Their assistance consists of organizing your response in a structured manner, in compliance with your legal obligations. From the first alert, they can advise you on the steps to take, particularly regarding the opening of an internal investigation.

We help you implement appropriate interim measures while respecting the rights of each party. This anticipation allows not only to react effectively, but also to lay the foundations for a solid defense. To prevent any costly risk of litigation, we ensure that the internal investigation is conducted in compliance with the necessary conditions. In addition, we assist you in drafting documents, collecting testimonies and analyzing the facts.

In the event of proceedings before the Conseil des Prud’hommes or the criminal court, we ensure your representation at every stage. Our specialists take charge of your defense by demonstrating that all prevention measures have been implemented, that you acted in good faith, and that the facts do not constitute proven harassment. This approach allows you to protect your reputation and interests with transparency.

Support from our lawyers in preventing moral or sexual harassment at work

Prevention of moral or sexual harassment is an essential obligation for any employer. In the event of a breach of this safety obligation, your liability may be engaged, even if you are not the direct perpetrator of the acts. You may be held as an accomplice. However, the law allows you to avoid this liability if you demonstrate that you have implemented effective measures.

It is precisely in this preventive logic that our legal professionals make themselves available for tailor-made support. With our team, you can implement a clear prevention policy adapted to the size and organization of your company. Whether through training on risky behaviors, conflict management, or awareness of harassment, you will have the best solutions.

In this same vein, we assist you in setting up the CSE. We advise you in particular on the best way to organize professional elections, respecting the legal obligations related to your workforce. We accompany you at every stage, from preparing documents to announcing results.

This body plays an essential role in improving working conditions and preventing risky situations. Thanks to our expertise, you will benefit from a secure legal framework and concrete solutions to protect your employees and your organization. If you wish to defend yourself or build a prevention policy that complies with your obligations, contact our firm.