The border between flirting and sexual harassment strictly speaking is blurred. How to identify it? What to do when you face it? What does the law say? Response elements.
With #MeToo and #BalanceTonPorcvictims of sexual harassment dared to denounce odious behavior. A movement to release the words of women who made the lines move. But the sexual harassment Unfortunately still remains too frequent …
“”You have a beautiful little ass“,”This skirt makes you pretty legs, you should show them more often“,”I want to eat your breasts“… How to know if it is sexual harassment or an attempt (clumsy and coarse) of seduction?
According to article 222-33 of Criminal Code, Sexual harassment is:
- imposing on a person, repeatedlywords or behaviors sexual connotation which either undermines his dignity because of their degrading or humiliating character, or create against him an intimidating, hostile or offensive situation.
- is assimilated to sexual harassment, even not repeatedto use Any form of serious pressure In the real or apparent aim of obtaining a sexual act, whether it is sought for the benefit of the author of the facts or for the benefit of a third party.
Sexual harassment is characterized in the same way in the penal code and in the Labor code. According to article L1153-1 of the latter, no employees must undergo facts:
- either sexual harassment, made up of words or behaviors with repeated sexual connotation which has either affected its dignity because of their degrading or humiliating character, or create an intimidating, hostile or offensive situation against him
- either assimilated to sexual harassment, consisting of Any form of serious pressure, even not repeatedexercised for the real or apparent goal of obtaining a sexual act, whether it is sought for the benefit of the author of the facts or for the benefit of a third party
Article L1153-2 of the Labor Code stipulates “that no employee, no person in training or internship, no candidate for recruitment, internship or training in business cannot be sanctioned, dismissed or be the subject of a discriminatory measurementdirect or indirect, in particular in terms of remuneration, training, reclassification, assignment, qualification, classification, professional promotion, transfer or renewal of contract for having suffered or refused to undergo acts of sexual harassment As defined in article L. 1153-1, including, in the case mentioned in 1 ° of the same article, if the words or behaviors have not been repeated. “
Sexual harassment is a offensepunished with 2 years’ imprisonment and a fine of 30,000 euros. Penalties are brought to 3 years’ imprisonment and 45,000 euros fine When the facts are committed by a person who abuses the authority conferred on him by his functions (like a hierarchical superior), or by several people, or if they are committed on a minor, a person whose vulnerability is apparent or known to the author of the facts. Disciplinary sanctions can be pronounced in addition, which can go as far as dismissal for serious misconduct. Likewise, the author of the facts can be forced to pay damages to his victim.
If you are the victim of sexual harassment, you can file a complaint within 6 years After the last fact of harassment, at the police station or the gendarmerie. The reception of the complaint can in no case be refused.
If it is about sexual harassment in the workplaceyou must enter The Prud’homme Council If you are an employee in the private sector, or The Administrative Court If you are an employee of the public sector. Whether you are a victim or witness, the business manager or service should be alerted, but also the representative institutions of the staff. You can also talk about it with the doctor and/or the labor inspector.
The employer must take all the measures necessary In order to avoid and prevent cases of sexual harassment, but also to put an end to it and sanction them. candidates for a recruitment, an internship or a period of business training, Dbe informed (by display for example) of the text of article 222-33 of the penal code in the workplace as well as in the premises or at the door of the premises where hiring is done, as stipulated in article L. 1153-5 paragraph 2 of the labor code.
When the employer is informed of constituent facts sexual harassment, he must take immediate measures to stop. If necessary, his responsibility is engaged and he may be ordered to pay compensation to the victim.
