All hands on deck
against harassment
and bullying

Bullying is characterized by repeated hostile behaviour with the purpose or consequence of degrading working conditions likely to adversely affect the dignity, health and professional career of the person concerned.

Stress, guilt, sleep disorders, disgestive problems, isolation, suicidal thoughts… Bullying can have serious and rapid repercussions on the physical and psychological health of employees that are victim to it. Beyond the personal repercussions, it also has consequences on their professional development, their immediate working environment and on the company itself.

Bullying is prohibited and punishable under the French Labor Code and the French Criminal Code.
«No employee shall be subjected to repeated acts of psychological harassment which have as their object or effect a deterioration of his or her working conditions tending to impact his or her rights and dignity, impair his or her physical or mental health, or jeopardize his or her professional prospects.» (article L 1152-1 of the French Labor Code)

Perpetrators of such a crime are liable to 2 years’ imprisonment and a €30,000 fine (article 222-33-2 of the French Criminal Code).

Sexual harassment is the act of repeatedly imposing on a person comments or behaviour with a sexual connotation which either violate their dignity because of their degrading or humiliating nature, or create an intimidating, hostile or offensive situation for them.

«Sexual harassment can also be any form of serious pressure, even if not repeated, exercised with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the perpetrator or for a third party». (article L.1153-1 of the French Labor Code)

Sexual harassment is a crime regardless of the relationship between the perpetrator and the victim.
It must be distinguished from sexist behavior (behavior related to a person’s sex that undermines their dignity) and sexual assault (all sexual offenses committed with violence, coercion, threat or surprise).

The penalty for sexual harassment (article 222-33 of the French Criminal Code) is 2 years’ imprisonment and a €30,000 fine, increased in the case of aggravating circumstances. If committed by an employee, it is also subject to disciplinary measures by the employer.

Discriminatory Harassment

These can include jokes, inappropriate comments, rudeness, taunting, being excluded from the group, unexplained changes of assignment, reproaches unrelated to the work performed, setting unattainable goals, overwork or under-occupation, assigning work that is useless or unrelated to a person’s skills, devaluing work, refusing or delaying to adapt a workstation for a person with a disability… etc.

A situation does not have to be repeated for it to qualify as discriminatory harassment: a single act may suffice.

In addition to possible disciplinary action by the employer, discrimination is punishable by three years’ imprisonment and a fine of 45,000 euros.

In cases of harassment, the Defender of rights can be contacted by anyone who has identified any form of discrimination. Article 4 dof French Act no. 2011-333 of 29th March 2011 on the Defender of Rights.

Bullying at school

Bullying at school is when one or more students reject or stigmatize a person who cannot defend herself/himself, based on certain characteristics (physical appearance, gender, disability, original interests, etc.).

This relationship of power and domination, and the frequency of attacks over time, contribute to isolate the victim.

Physical violence

Physical violence is separate from bullying, discrimination or bullying at school and is characterized by repeated physical violence such as organized fights, thefts, shoving, racketeering or causing damage to personal objects.

All forms of harassment and bullying can be combined, and physical violence is an aggravating circumstance.

Violence is punishable by up to three years’ imprisonment and a 45,000 Euro fine. French Penal Code: Article 222-13

Psychological harassment

This unpleasant behavior includes repeated, hostile and unwanted words, actions or gestures that are calculated to hurt, wound, upset, humiliate or insult. When situations like this occur, the person’s dignity or psychological or physical integrity is harmed, and the work or study environment becomes damaging.

Hazing

What is hazing? Hazing involves causing someone, against their will or not, to undergo or commit humiliating or degrading acts (e.g. causing another person to strip naked, shaving their hair, etc.) or to consume alcohol excessively, during events or meetings in the school, sports and socio-educational environments.
Under Article 225-16-1 of the French Penal Code, hazing is considered an offence punishable by six months’ imprisonment and a fine of 7,500 Euros.

Discrimination

Race, gender, values, sexual orientation, political opinions…

Sexism

Sexism is an attitude that discriminates against a person because of their gender.

It may appear “benevolent”, based on the attribution of specific “complementary” qualities and roles between women and men, or hidden, with the aim of treating one sex less favourably than the other, but in a deliberately concealed way.