Sexual harassment

In the course of the work, several acts can be considered as sexual harassment.

In the first place, this offense is manifested by the imposition on a person, repeatedly, words or behavior to sexual connotation or sexist.

Sexual harassment may also be used:

• where a worker sudden sexual or sexist remarks or behavior on the part of several individuals who have colluded, without each of them acting repeatedly,
• where a worker sudden sexual or sexist comments or behavior, coming from several persons who did not consult each other but who know that this worker has already been the victim of such acts.

In such cases, such remarks or behavior must:

• to violate the dignity of the worker on account of their humiliating or degrading nature
• or create an intimidating, hostile, or offensive situation.

For example, comments about a colleague's body, humiliating remarks about an employee's sexual orientation, following a colleague to the bathroom.

Finally, any form of serious pressure (even non-repeated) for the purpose of obtaining a sexual act, for the benefit of the perpetrator or another person, shall be treated as sexual harassment. For example, your supervisor promises you better working conditions in exchange for sex.

In this case, harassment is characterized even if the perpetrator did not really intend to get a sexual act from you. That way, he will not be able to say that it was a bad joke.

Your employer has an obligation to take all necessary measures to prevent sexual harassment. It must also sanction the perpetrator(s) of the offense.

Information for workers

The employer must inform the workers of the texts which punish sexual harassment. It must also inform them of the legal actions that can be taken against the offender. Finally, the employer must mention the contact details of all the services responsible for sexual harassment (e.g. the occupational doctor, the labor inspectorate or the Defender of Rights).

This information is communicated by any means (e.g. at the entrance to the premises, on the website of the establishment).

Rules and regulations The text of the directive on sexual harassment is also mentioned in the text.

Implementation of prevention and training measures

Your employer has several obligations in terms of preventing sexual and gender-based harassment.

First of all, it must hold a Single Occupational Risk Assessment Document (DUERP). This document makes it possible to assess the risks to the health and safety of workers in all aspects related to work (e.g. psychosocial risks, including harassment, are included in the DUERP).

It must also make all workers (supervisors, employees, trainees, etc.) aware of the problem of sexual and gender-based harassment. For example, your employer may raise this issue at certain service meetings.

Finally, it must provide all workers with occupational health and safety training.

Obligation to punish the harasser

When faced with an accusation of sexual or gender-based harassment, your employer must conduct an investigation to determine whether the facts really occurred.

If this is the case, your employer will be obliged to punish the person responsible for the harassment. Indeed, the fact that an employee has committed such a offense constitutes a fault.

If your employer does not take action against the perpetrator, you can turn against him and ask him for damages.

Sexual harassment is punishable regardless of the professional relationship you have with the perpetrator (e.g. harassment by a colleague, by the employer, etc.). Moreover, this offense is punishable even if the acts took place outside the hours and place of work.

There are several ways to protect the victim of sexual harassment and to punish the perpetrator and the employer.

Refer the matter to the Labor Council

If you are a victim of sexual harassment, you can to refer the matter to the labor council.

Before that court, you have the opportunity to:

• solicit damages to make good the damage you have suffered. So your employer will have to pay you a sum of money, even if he is not the perpetrator of the harassment.
• annul a termination of employment, a breach of contract or a resignation that you consider to be related to sexual harassment (for example, a breach of contract may be annulled if, at the date of its signature, the employer was aware of the harassment but took no action to protect the harassed employee).

You can file a complaint with the Labor Council even if you have already filed a complaint. You are not required to inform your employer of the complaint against the alleged harasser.

The deadline for bringing an action before the Labor Court is 5 years from the last incident of harassment.

Contacting the police or gendarmerie via instant messaging

If you feel you are a victim of sexual or gender-based harassment, you can contact police or instant messaging. This is a signaling online.

Report sexual or gender-based harassment

You will communicate directly with a police officer or gendarme specially trained in this type of offense. From the chat, the policeman or gendarme will help you in your steps. If you feel ready, you will be referred to a police or gendarmerie service that will contact you to file a complaint.

At any time, you can leave the chat and the chat will be deleted immediately.

This online service can be used by any adult or minor.

Bring the matter before the criminal courts

If you experience sexual harassment at work, you can lodge a complaint in criminal proceedings against the alleged perpetrator.

The complaint must be filed within 6 years after the last fact (a gesture, a comment...).

You must provide the court with all the elements that would prove the harassment (for example, a certificate from the occupational doctor, written testimonies, written exchanges with the alleged perpetrator, etc.) All this evidence will be taken into account by the police or gendarmerie services, even if the events took place over several years.

You can get a lawyer to help you.

Refer to the Defender of Rights

Sexual harassment can be referred to the Defender of Rights because it is a type of discrimination.

There are two types of sanctions that can be imposed on the perpetrator of sexual harassment.

Penalties imposed by the employer

Any employee who has committed acts of sexual harassment shall be liable to disciplinary sanctions by the employer: transfer, dismissal or termination.

Judicial sanctions

Sexual harassment is a offense punishable by:

• 2 years in prison
• and €30,000 fine

This sentence may be increased to 3 years in prison and €45,000 a fine if the offense was committed in certain circumstances, including

• by a person who abuses the authority conferred on him by his duties (for example, your supervisor or your employer),
• on a person who is very vulnerable because of his age, physical or mental illness, disability, pregnancy, apparent or known to the perpetrator,
• on a person whose social and financial situation results in a very high degree of vulnerability and/or apparent or known dependence on the perpetrator,
• by several persons acting as authors or accomplice,
• by the use of a service of communication to the public online or by means of a digital or electronic medium. This is called cyberharassment.

In the course of the work, several acts can be considered as sexual harassment.

In the first place, this offense is manifested by the imposition on a person, repeatedly, words or behavior to sexual connotation or sexist.

Sexual harassment may also be used:

• where a worker sudden sexual or sexist remarks or behavior on the part of several individuals who have colluded, without each of them acting repeatedly,
• where a worker sudden sexual or sexist comments or behavior, coming from several persons who did not consult each other but who know that this worker has already been the victim of such acts.

In such cases, such remarks or behavior must:

• offending the dignity of the staff member on account of their humiliating or degrading nature
• or create an intimidating, hostile, or offensive situation.

For example, it could be remarks about a colleague's body, humiliating remarks about another officer's sexual orientation, following you to the bathroom.

Finally, any form of serious pressure (even non-repeated) for the purpose of obtaining a sexual act, for the benefit of the perpetrator or another person, shall be treated as sexual harassment. For example, your supervisor promises you better working conditions in exchange for sex.

In this case, harassment is characterized even if the perpetrator did not really intend to get a sexual act from you. That way, he will not be able to say that it was a bad joke.

Make a report to the administration

You can use the public service reporting system for violence, discrimination, psychological or sexual harassment and gender-based behavior.

This reporting scheme comprises 3 types of procedures to be put in place by the employer:

• A procedure for the collection of reports by officials who are victims of or witnesses to psychological or sexual harassment,
• A procedure for referring victims to the competent services and professionals responsible for their support,
• A procedure for referring victims or witnesses of such acts or acts to the competent authorities in order to take all appropriate protective measures and ensure the treatment of reported incidents, in particular by carrying out an administrative inquiry.

Your administration should establish the means by which you can make this report to the competent authority. It also includes the information and documents you need to provide to support your report.

A public official must be informed by his or her hierarchical authority of the existence of the alert system, its use and the procedures it provides for.

The system must ensure the strict confidentiality of the information transmitted by the victim or witness during the processing of the alert.

Notify staff representatives

If you experience harassment, you can prevent:

• the staff representatives (they will be able to help you in all your steps),
• the social committee. This committee has a right of alert which allows it to prevent the administration of any case of sexual harassment.

Implementation of prevention, training and information measures

Your administration has an obligation to take all necessary measures to prevent sexual harassment.

First of all, it is obliged to inform its agents of the texts that punish sexual harassment. This communication can be made by any means (example: at the entrance of the premises of the establishment).

In addition, your administration should Single Occupational Risk Assessment Document (DUERP). This document makes it possible to assess the risks to the health and safety of workers in all aspects related to work (e.g. psychosocial risks, including harassment, are included in the DUERP).

It must also make all workers (supervisors, full agents, trainees, etc.) aware of the problem of sexual harassment. For example, your employer may discuss this subject at certain service meetings.

Finally, your administration should provide occupational health and safety training to all officers.

Obligation to stop harassment

As soon as a case of harassment is brought to your attention and these facts are real, the administration that employs you must do everything in its power to put an end to these acts. This involves, in particular, a penalty imposed on the person responsible for the harassment (for example, reprimand, transfer, or even dismissal).

Sexual harassment is punishable regardless of the professional relationship you have with the perpetrator (example: harassment by a colleague, by the employer).

There are several legal means to protect the victim of harassment and to punish the perpetrator and the employer.

To bring an action before the Administrative Court

There are several situations that can lead you to go to the Administrative Court:

• You alerted your administration and it did not react
• You alerted your administration and they refused to act
• Your administration has sanctioned you for reporting harassment

In these cases, the administration may be ordered to pay you damages. To do so, you must provide proof of harassment (for example, by providing testimonies from colleagues, written exchanges with the perpetrator).

You have to go to court within a certain period of time, which varies depending on the situation:

• If the administration has made a decision, you have 2 months after the notification of the decision concerned (refusal of a penalty from a superior, penalty for denunciation, etc.) to bring the matter before the court.
• If the administration has not replied to you within 2 months, you have 4 months from the notification of the harassment to the administration, to bring the matter before the court.

Contacting the police or gendarmerie via instant messaging

If you feel you are a victim of sexual or gender-based harassment, you can make a signaling online.

Report sexual or gender-based harassment

You will communicate directly with a police officer or gendarme specially trained in this type of offense. From the chat, the policeman or gendarme will help you in your steps. If you feel ready, you will be referred to a police or gendarmerie service that will contact you to file a complaint.

At any time, you can leave the chat and the chat will be deleted immediately.

This online service can be used by any adult or minor.

Bring the matter before the criminal courts

If you experience sexual harassment at work, you can lodge a complaint in criminal proceedings against the alleged perpetrator.

The complaint must be filed within 6 years after the last fact (a gesture, a comment...).

You must provide the court with all the evidence to prove that you have been harassed. For example, you can provide medical certificates, a certificate from the occupational physician, testimonies from colleagues, written exchanges with the alleged perpetrator etc.

All this evidence will be taken into account by the police or gendarmerie services, even if the events took place over several years.

You can get a lawyer to help you.

Refer to the Defender of Rights

Sexual harassment can be referred to the Defender of Rights as it is a type of discrimination.

There are two types of sanctions that can be imposed on the perpetrator of sexual harassment.

Sanctions taken by the administration

Public official found guilty of harassment risks disciplinary sanctions : automatic removal, removal from the progress table, or even revocation.

Judicial sanctions

Sexual harassment is a offense punishable by:

• 2 years in prison
• and €30,000 fine

This sentence may be increased to 3 years in prison and €45,000 a fine if the offense was committed in certain circumstances, including

• by someone who abuses the authority given to them by their duties (for example, your supervisor)
• on a person who is very vulnerable because of his age, physical or mental illness, disability, pregnancy, apparent or known to the perpetrator,
• on a person whose social and financial situation results in a very high degree of vulnerability and/or apparent or known dependence on the perpetrator,
• by several persons acting as authors or accomplice,
• by the use of a service of communication to the public online or by means of a digital or electronic medium. This is called cyberharassment.