France: The French Ombudsman (Défenseur des Droits) Publishes Guidelines on Internal Investigations of Sexual Harassment and Discrimination

On 6 February 2025, the French Ombudsman, an independent authority that has investigative powers on discrimination complaints published guidelines on how companies should investigate sexual harassment and discrimination complaints.

There exist various legal obligations that apply in case of internal investigation. However, there were no specific legal framework on this topic. The French Ombudsman’s new guidelines, while not being legally binding, provide an interesting and useful framework.  The new guidelines contain 44 specific recommendations, which include not automatically excluding anonymous reports, ensuring persons carrying out investigations are properly trained, and that investigations are properly documented, ensuring that employees interviewed sign their interview minutes and providing written feedback to the employee who raised the concern.

Key Action Points for Human Resources and In-House Counsel

Review your internal investigation procedures to see how such guidelines can be integrated.