French employement law - Sexual Harassment – ​​The Court of Cassation Recognizes Social Harassment in the Workplace (Cass. soc. May 28, 2026, 22-22.754)

Remarks of a sexual or sexist nature made to several employees, or such behavior in front of several employees, are likely to be experienced by each of them [1].

The judgment of the Rouen Court of Appeal, which dismissed the employee's claims for damages for sexual harassment and for wrongful dismissal on the grounds that the existence of at least one specific and detailed fact allowing for the presumption of sexual harassment against her had not been established, must therefore be overturned. This is despite the fact that the court's findings established that, given the repeated sexually or sexist remarks and behaviors made or exhibited by her supervisor in front of her and her colleagues, she had been forced to endure a humiliating and degrading work environment, regardless of whether she was directly targeted by these remarks or behaviors.

The Social Chamber of the Court of Cassation has established the concept of ambient sexual harassment (Cass. Soc. May 28, 2026, 24-22.754, published in the Bulletin).

4) Analysis.

This is the first time, to our knowledge, that the Social Chamber of the Court of Cassation has recognized a context of sexual harassment in a ruling published in the official bulletin.

4.1) Humiliating and degrading work environment = regardless of whether the employee was directly targeted by these remarks or behaviors.

The Court of Appeal considered that the evidence presented by the employee did not establish the existence of at least one specific and detailed incident allowing for the presumption of sexual harassment because:

• the employee submitted statements from several of her colleagues, the first denouncing the sexual harassment she herself suffered at the hands of Mr. [D] without testifying to any specific incidents concerning her,

• the second stating that, following the creation of a Messenger group by the employee, a problem of sexual and psychological harassment within the team had emerged without mentioning any specific incidents of sexual harassment, particularly concerning the employee, and

The third statement attests that the employee had complained to her about Mr. [D]'s behavior before his disciplinary action, but that afterward, she never heard him complain again about their colleague's behavior.

With reference to Articles L1153-1, 1°, L1153-3, and L1154-1 of the French Labor Code, in their wording prior to Law No. 2022-401 of March 21, 2022, the Court of Cassation quashes the judgment of the Rouen Court of Appeal.

The Court of Cassation affirms that the employee "had been forced to endure a humiliating and degrading work environment, regardless of whether she was directly targeted by these remarks or actions."

4.2 The judgment of the Criminal Chamber of March 12, 2025 (24-21.644).

Already, in a ruling dated March 12, 2025 (no. 24-81.644), the Criminal Chamber of the Court of Cassation, citing Article 222-33, paragraph 1, of the Penal Code, which punishes the offense of sexual harassment, affirmed that "remarks of a sexual or sexist nature addressed to several people, or such behavior adopted in front of several people, are liable to be imposed on each of them."

4.3) Socially Consensual Sexual Harassment: Increased Sanctions for Sexual Harassment.

Consequently, the number of employees likely to take legal action for socially consensual sexual harassment could increase.

Employees must have been forced to endure a humiliating and degrading work environment, regardless of whether they were directly targeted by these remarks or behaviors.

Companies will have to strengthen their policies for preventing sexual harassment and sexist behavior.

Employers must address all sexual harassment complaints promptly and diligently to prevent the workplace community, which is subjected to a degrading and humiliating environment, from taking legal action for sexual harassment.

From the employee's perspective, this strengthens the penalties for sexual harassment and sexist behavior, which is a positive development.

Sources.

Cass. Soc. 28 mai 2026, 24-22.754 publié au bulletin
Cass. Crim. 12 mars 2025, 24-81.6446
L’employeur doit-il nécessairement déclencher une enquête interne pour licencier un salarié pour harcèlement sexuel
Propos connotation sexuelle + pressions sur une salariée pour tenter d’obtenir des faveurs sexuelles = Harcèlement sexuel [2].

Pour lire l’intégralité de la brève, cliquez sur le lien ci-dessous

https://www.village-justice.com/articles/propos-comportements-connotation-sexuelle-sexiste-cour-cassation-consacre,57660.html

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

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