Employers: how to react  when allegation of harassment arise?

Moral and sexual harassment represent significant threats to employees’ well-being and the overall environment within a company. Moreover, this may engage the employer’s civil and criminal liability.

The French Labor Code imposes a duty of safety on employers, requiring them to take all necessary steps to protect employees’ physical and mental health.

When allegations of harassment are reported, conducting an internal investigation is hence crucial.

An internal investigation allows the employer to examine the specific details of the harassment report, gather statements from relevant parties and review all available evidence.

In case of potential litigation, an internal investigation can also serve as proof that the employer has taken steps to fulfil their legal obligations. This can be essential for demonstrating that a diligent and structured approach was taken to address any complaints, which can significantly impact the outcome of legal proceedings.

Employers can conduct the investigation internally. However, this approach can be criticized by the different parties since they can allege that the employer is not neutral in the process.

A company can also appoint an attorney to conduct the internal investigation. This choice brings multiple benefits: attorneys are bound by professional confidentiality, which ensures privacy throughout the process. Moreover, their expertise in French labor law provides a legally sound and thorough approach, and their independence ensures neutrality and impartiality in handling the investigation. Thus, engaging an attorney offers valuable guarantees in terms of confidentiality, competence, and objectivity.

In any case, conducting an internal investigation when allegations of moral or sexual harassment are reported demonstrates the employer’s dedication to meeting legal obligations but also fosters a positive and supportive workplace culture.