France: The French Supreme Labour Court Recognises the Concept of “Sexual Harassment Work Environment”
A female employee working in a fast-food restaurant complained about being subject to sexual harassment by a supervisor. The company intervened and the supervisor stopped harassing her but continued to behave inappropriately with regards to certain colleagues. The employee again complained, the supervisor in question was dismissed but so was the female employee, for having publicly criticized the company and management.
The employee challenged her dismissal on the basis that she had been retaliated against for complaining about sexual harassment, but the Court of Appeal ruled against her on the grounds that she had not been the direct victim of the sexual harassment she was complaining about.
The Supreme Labour Court quashed the decision stating that she had been subjected to a humiliating and degrading workplace irrespective of the fact that she was not the direct victim of such sexual behaviour or comments. In doing so, the Supreme Labour Court is aligning its position with the Supreme Criminal Court and also aligning its definition of sexual harassment with that of moral harassment.
Key Action Points for Human Resources and In-House Counsel
Ensure that your sexual harassment policy and training is up to date with this new definition.
