Europe Labor, Employment, and Workplace Safety Alert
By: Christine Artus, Sarah Chihi
During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace. Whether moral, institutional, environmental or sexual, harassment is a burning topic and the French labor courts have repeatedly reminded employers of their obligations in this area.1
In addition to the important decision rendered by the Criminal Section of the French Supreme Court on 21 January 20252 establishing the concept of institutional moral harassment, a number of rulings have clarified the scope of the employer’s obligation to ensure a safe place of work (safety obligation).
In a decision dated 8 January 2025, the French Supreme Court confirmed that the employer's obligation to prevent harassment is independent of the categorization of the wrongful behavior by the employee victim of the harassment. In other words, there is no need for the victim to describe the alleged facts as harassment in order to benefit from the safety obligation.3
This position, which is in line with the Supreme Court’s decision dated 19 April 20234, now prevents employers from avoiding liability based upon an employee’s failure to describe prohibited acts as "harassment".
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