France
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of a protected characteristic are:
- The Labour Code
- Law no. 2008-496 of 27 May 2008 (Labour Code amendments related to discrimination)
- Law no 2016-1547 of 18 November 2016 (Civil Code amendments related to sexual harassment)
- Law no 2018-771 of 5 September 2018 (Labour Code amendments related to prevention of sexual and gender-based harassment).
Employers have an obligation, under the Labour Code to take steps to prevent sexual harassment and moral harassment (also called bullying).
People who engage in workplace discrimination and harassment are also subject to penalties under the Criminal Code.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in France.
- Origin
- Gender
- Morals
- Sexual orientation
- Gender identity
- Age
- Marital status
- Pregnancy
- Genetic characteristics
- Particular vulnerability due to an apparent or known economic condition
- Nationality
- Ethnic or racial origin
- Political opinion
- Trade union activity
- Religious beliefs
- Physical appearance
- Family name
- Place of residence
- Banking domiciliation (the place where the employee has their bank)
- Medical condition
- Disability
- Ability to speak a language other than French
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment occurs when an employee is subjected to:
- repeated comments or behaviors with sexual or sexist connotations which either undermine their dignity due to the conduct’s degrading or humiliating nature, or create an intimidating, hostile or offensive environment, or
- any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature.
Moral Harassment
Moral harassment occurs when an employee is subjected to repeated acts which have the object or effect of:
- creating a hostile work environment,
- infringing on the employee’s rights and dignity,
- altering their physical or mental health, or
- comprising their professional future.
Filing a Claim in France
A complaint related to employment discrimination or harassment may be submitted to the Labour Inspectorate or the Defender of Rights.
Employment discrimination and harassment claims may also be filed in a Labour Court.
Potential Remedies
In France, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.