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Employment · Sub-expertise

Harassment & discrimination.

Harassment and discrimination disputes are among the most sensitive in employment law: human, criminal, and reputational stakes. We assist companies in conducting internal investigations, in prevention, and in litigation defence, and we assist employee victims in defending their rights.

→ What we cover

Our scope of intervention.

Internal investigation

Conduct or supervision of internal investigations into allegations of harassment or discrimination: methodology, interviews, reporting, recommendations.

Prevention policy

Implementation of prevention measures: harassment officer, reporting procedure, charter, manager training, articulation with the internal rules.

Crisis management

Assistance in the event of a serious incident: securing of evidence, management of communications, articulation with the authorities (CSE, labour inspectorate, public prosecutor).

Disciplinary sanctions

Disciplinary procedure following an investigation: characterisation of the facts, choice of a proportionate sanction, procedural security.

Defence in litigation

Representation before the labour tribunals (conseils de prud'hommes) in the event of a harassment or discrimination claim, articulation with any criminal proceedings.

Advice to victims

Assistance to employee victims: identification of the facts, building of the evidence file, choice between internal reporting and external action.

→ Our approach

A proven methodology.

01

Initial response

Rapid mobilisation as soon as a report is made, securing of evidence, possible implementation of precautionary measures (suspension, separation).

02

Investigation

Conduct of a rigorous internal investigation: interviews, examination of physical evidence, respect for the adversarial principle, reporting.

03

Conclusions & actions

Characterisation of the facts, choice of appropriate actions (disciplinary sanction, change of organisation, support for the victim).

04

Follow-up & litigation

Follow-up of the measures decided, defence in the event of labour-tribunal or criminal litigation, management of internal and external communications.

→ Who we help

Typical engagements.

Internal investigation following a report

Conduct of an internal investigation following an employee's report of moral harassment: interviews, examination of communications, written reporting, recommendations.

Defence against a labour-tribunal claim

Representation of a company facing a harassment claim brought by an employee: case analysis, challenge to the facts, demonstration of the prevention measures put in place.

Discrimination in hiring or promotion

Defence against an accusation of discrimination (origin, sex, age, disability) during a recruitment or promotion process: objectivisation of the decisions, demonstration of neutral criteria.

Setting up a prevention framework

Design of a complete framework: officer, reporting procedure, code of good conduct, manager training, internal communication.

→ Q&A

Frequently asked questions.

Repeated acts whose purpose or effect is a deterioration of working conditions liable to impair the employee's rights, dignity, physical or mental health, or to jeopardise their professional future. Repetition and the effect on the person are the key criteria.

A duty of safety and prevention: putting in place prevention measures (training, charter, officer), responding to any report with a serious and impartial internal investigation, and taking the appropriate measures. A failure engages the civil and criminal liability of the company.

A rigorous methodology: informing the parties, confidential and factual interviews, examination of physical evidence (e-mails, testimonies), respect for the adversarial principle, a reasoned written report. Recourse to a third party (a lawyer or specialised firm) reinforces objectivity and legal certainty.

Moral harassment and sexual harassment are criminal offences. Discrimination is also criminally sanctioned. The employer may be prosecuted in a personal capacity or as a legal entity. The penalties include imprisonment and fines, as well as additional penalties.

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