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Sexual harassment at work in France: my boss harasses me, what now?

Sexual harassment at work in France: write down the facts, keep the evidence, talk to the occupational doctor or the staff committee. Two years in prison, three for a superior, 5 years to go to the employment tribunal, 6 years to file a complaint.

October 24, 20269 min read

Your boss keeps commenting on your body, insists on seeing you alone, or hints that a promotion depends on a "favour". None of this is your fault. Sexual harassment at work is a criminal offence in France, and the law protects you as soon as you report it. A lawyer can listen to you in 20 minutes on Avocat20min.fr.

This article starts with what helps right now. It then explains French law, who to alert, and the remedies before the employment tribunal and the criminal courts.

First steps

When you face sexual harassment at work, you do not have to decide everything today. These steps protect you, whatever comes next:

  1. Get safe. If you are in immediate danger or someone touches you against your will, call 17 or 112. You can also text 114.
  2. Talk to someone. A person you trust, the 3919 helpline (free, anonymous, open day and night) or 116 006, the national victim support line.
  3. See a doctor. Your GP or the occupational doctor can record your condition and, if needed, sign you off work.
  4. Write everything down. Date, time, place, the words used, who was there. A diary kept day by day carries real weight later.
  5. Keep the traces. Messages, emails, screenshots, gifts, invitations. Store a copy away from your work computer.

You never have to confront the person yourself. The remedies run through other people.

What French law calls sexual harassment at work

Article L1153-1 of the Labour Code (Code du travail) covers two situations. The first is repeated remarks or behaviour with a sexual or sexist connotation that undermine your dignity or create an intimidating, hostile or offensive situation.

The second form of sexual harassment at work is any serious pressure, even once, aimed at obtaining a sexual act. Think of a manager who offers a contract, or threatens your job, in exchange for a relationship. Calling it a joke is no defence.

Group harassment counts too. Several colleagues acting together, or one after another while knowing about it, commit harassment even if each spoke only once.

Examples from the official government guidance:

  • repeated comments on your body or obscene jokes;
  • a group chat among colleagues full of humiliating messages about your sexual orientation;
  • whistling every time you walk down the corridor.

Unwanted physical contact of a sexual nature goes further: it is sexual assault, punishable by five years in prison and a €75,000 fine.

Penalties

Article 222-33 of the Criminal Code uses the same definition. Here is what the author of sexual harassment at work faces:

Situation Maximum penalty
Sexual harassment 2 years in prison and a €30,000 fine
Author abusing their authority (boss, manager) 3 years and €45,000
Victim in a precarious situation known to the author 3 years and €45,000
Several authors, or harassment through online messages 3 years and €45,000
Sexual assault (unwanted physical contact) 5 years and €75,000

When the harasser is your boss, abuse of authority often applies. An employee guilty of sexual harassment at work also faces disciplinary action, up to dismissal.

Gathering evidence

Before the employment tribunal (conseil de prud'hommes), proving sexual harassment at work is easier for you. Under Article L1154-1, you only need to present facts suggesting harassment. The employer must then prove that the conduct was not harassment.

Useful evidence, according to service-public:

  • your dated notes and the name of the author;
  • texts, emails and messages, as dated screenshots;
  • witness statements with their full identity;
  • a medical certificate, sick leave, follow-up by a psychologist;
  • work documents that changed after you said no: appraisal, schedule, bonus.

A recording made without the author's knowledge is no longer automatically rejected. Since a ruling of the full Court of Cassation (assemblée plénière) on 22 December 2023, a judge may accept it if it is essential to your case and proportionate. Ask for advice before using one.

Who to tell inside the company

You can report sexual harassment at work to the employer in writing. Service-public offers a model letter. Keep a copy and proof of sending.

If the harasser is your boss, turn to other people:

  • the occupational doctor (médecin du travail), bound by secrecy, who can suggest changes to your job;
  • the staff committee (CSE), in companies with at least 11 employees, which has a right of alert;
  • the harassment officer, compulsory from 250 employees, and the CSE's own officer;
  • human resources or a manager you trust.

Once alerted, the CSE must inform the employer, who then investigates without delay with it. Failing a solution, the employment tribunal rules under a fast-track procedure.

The employer must post these contacts at the workplace: occupational doctor, labour inspectorate, Defender of Rights and the officers. Look for the notice, or ask for the list.

Outside support

Against sexual harassment at work, other bodies can step in, free of charge:

Contact What it does How to reach it
Labour inspectorate Investigates in the company, can refer the case to the public prosecutor Details posted at the workplace
Defender of Rights (Défenseur des droits) Reviews harassment cases, advises, can submit observations to the court 3928, Monday to Saturday, 9:30 am to 7 pm
Police and gendarmerie chat A trained officer listens and prepares the complaint Online service listed on service-public
3919 Listening and guidance for women facing violence 24/7, free and anonymous
Point-justice First free legal consultation 30 39

A representative trade union can also take the case to court on your behalf, with your written consent.

Protection against retaliation

No one may sanction you, transfer you, cut your pay or end your contract for refusing, suffering or reporting sexual harassment at work. Article L1153-2 gives the same protection to witnesses acting in good faith. Only a knowingly false report exposes its author.

Any measure taken in breach of this is void. A dismissal linked to harassment falls away: you can ask to get your job back, or compensation of at least six months' salary. The Macron scale of capped damages does not apply to such a void dismissal.

A resignation or a mutual termination (rupture conventionnelle) signed under pressure can also be cancelled. Before signing anything, read our guide to the mutual termination and talk to a lawyer.

Going to court

Against sexual harassment at work, two routes exist, and you can use both:

  • The employment tribunal rules against the employer. You can claim damages there, even if your boss did not harass you personally but did nothing to stop it. You can also have a dismissal cancelled. You have 5 years from the last incidents.
  • A criminal complaint targets the author. You file it at a police station, a gendarmerie or in writing with the public prosecutor (procureur de la République). You have 6 years after the last incident. As a civil party (partie civile), you follow the case and claim compensation.

You do not have to tell your employer about the complaint. The criminal trial takes place before the criminal court (tribunal correctionnel).

The official details are on the service-public page on sexual or sexist harassment.

When a lawyer helps

For sexual harassment at work, you can report, see a doctor and call 3928 without a lawyer. A lawyer becomes valuable once your job, your contract or a court case is at stake. An employment lawyer:

  • sorts and dates your evidence, and spots what is missing;
  • drafts the report to the employer without exposing you;
  • negotiates your departure, or your return, on fair terms;
  • brings the claim before the employment tribunal and represents you;
  • assists you as a civil party at the criminal trial.

A lawyer is not compulsory before the employment tribunal, but the case is technical. Legal aid (aide juridictionnelle) can cover the fees: in 2026, it is full for a single person whose reference tax income does not exceed €12,957. No lawyer can promise the outcome of a trial. A lawyer helps you defend your rights with method.

Other situations in this series

Sexual harassment at work belongs to our series on online abuse and dealing with the police:

If the conflict ends in dismissal, our guide to the Macron scale and compensation explains what an unfair dismissal is worth.

Frequently asked questions


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