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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...more
The French Court of Cassation has introduced and defined a new concept of ‘institutional psychological harassment’ in what appears to be the conclusion of the so-called ‘France Télécom case’. The case, which commenced back in...more
In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more
French employers are now obligated to investigate any allegation of harassment, even where the employee does not produce any evidence. This is the position taken by the French Cour de Cassation in November 27, 2019, case...more
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
Gender pay gap rule: reinforcement of obligations - In order to try to reduce the gender pay gap, the Law passed on 5 September 2018 imposes an obligation on companies who have more than 50 employees to assess a gender...more
Recent laws in France have focused on strengthening the fight against sexual harassment and gender-based violence, leading employers to consider the steps they must take to fight such conduct in the workplace....more
Since August 10, 2016, an obligation of prevention of sexist behavior in the business is charged to employers. The actions related to the sex of a person and having the purpose or effect of violating their dignity or...more
In a significant change of direction, the French Supreme Court has held that an employer will not be liable for workplace harassment where it puts in place specific measures prior to and after the harassment taking place....more
La Chambre sociale de la Cour de Cassation, par un arrêt rendu le 1er juin 2016 (Cass. soc., 1er juin 2016, n°14-19.702) applique en matière de harcèlement la jurisprudence « Air France » relative à l'obligation de sécurité...more