Simple positional discomfort constitutes compensable sexual harm. That's what the Court of Cassation ruled.
An employee, a stunt artist, is the victim of an occupational disease which causes back pain and limits his sports practice.
The Versailles Court of Appeal acknowledged the employer's inexcusable fault, ruled on the increase in the annuity awarded to the employee and ordered a medical examination but rejected the compensation sought for the sexual harm. She noted that the expert had referred only to a simple positional discomfort.
The Court of Cassation censure it, holding that sexual harm is understood in the broad sense and includes all harm affecting the sexual sphere.
