Moral or Sexual Harassment - Internal Investigations into Workplace

Employers’ Legal Obligations

Under French employment law, employers are subject to a strict duty to prevent workplace harassment. Article L.1152-4 of the French Labour Code requires employers to take all necessary steps to prevent psychological harassment. This obligation forms part of the broader duty of care and health and safety obligations set out in Article L.4121-1 of the French Labour Code, which requires employers to protect employees’ physical and mental health.

This responsibility applies equally to:

• moral harassment,
• sexual harassment,
• sexist conduct,
• workplace violence,
• and psychosocial risks.

Failure to comply may expose employers to significant civil and criminal liability. French labour courts regularly award substantial damages for breach of the employer’s duty of care. Even where harassment is not formally established, an employer’s inaction may itself constitute a fault giving rise to liability.

Protecting Employees and Workplace Culture

As soon as a report or whistleblowing alert is raised, launching an internal investigation sends a strong message across the organisation. It demonstrates a zero-tolerance approach to inappropriate conduct and reflects the company’s commitment to maintaining a respectful and safe workplace.

An investigation also helps to:

• protect the alleged victim,
• prevent recurrence,
• restore trust within teams,
• preserve social cohesion,

• and identify broader organisational or managerial issues.

Establishing the Facts and Assessing Their Legal Characterisation

The primary purpose of an internal investigation is to establish the factual background objectively. This involves gathering statements from:

• the plaintiff,
• the accused individual,
• and potential witnesses.

The investigation also makes it possible to assess the legal characterisation of the conduct:

• Does it amount to moral harassment?
• Sexual harassment?

• Sexist conduct?

• Inappropriate management practices?
• Psychosocial risks requiring organizational remediation?

This legal assessment is essential to determine appropriate corrective, disciplinary or preventive measures.

Managing Legal and Reputational Risks

Failing to conduct a proper investigation may expose companies to:

• employment litigation,
• discrimination and harassment claims,
• criminal exposure,
• whistleblower disputes,
• reputational damage,
• employee disengagement,
• turnover and absenteeism,
• and ESG or compliance concerns.

A properly documented investigation report helps demonstrate that the employer has fulfilled its legal obligations and acted diligently and proportionately.

Neutrality and Impartiality

The credibility of an investigation depends primarily on the impartiality of those conducting it.

Internal Investigators

HR, compliance or legal professionals may conduct the investigation provided they:

• are appropriately trained,
• remain independent from the parties involved,
• and have no conflict of interest.

Their understanding of the company’s structure and culture may facilitate contextual analysis.

External Investigators

In sensitive or complex situations, appointing external labour law lawyers offers:

• enhanced independence,
• legal expertise,
• procedural security,
• and greater credibility.

This is particularly advisable where:

• senior executives are implicated,
• discrimination allegations arise,
• cross-border issues are involved,
• or internal impartiality may reasonably be questioned.

As an international law firm, we regularly advise multinational companies on complex cross-border workplace investigations involving multiple jurisdictions, multilingual interviews and international compliance obligations.

Confidentiality

Confidentiality is essential to protect all parties involved and preserve the integrity of the investigation process.

Appropriate safeguards may include:

• restricting access to information,
• informing interviewees of confidentiality obligations,
• limiting disclosure on a strict need-to-know basis,
• securing investigation materials and interview notes,
• and implementing document retention protocols.

Confidentiality does not necessarily mean anonymity. In certain circumstances, due process and the rights of the defence may require the identity of witnesses to be disclosed to the accused individual.

Traceability and Legal Defensibility

Comprehensive documentation is critical to ensuring the legal robustness of the investigation.

Best practice includes:

• preparing detailed interview templates,
• preserving relevant evidence,
• documenting interim protective measures,
• securely archiving records,
• and drafting a comprehensive final investigation report.

Admissible Evidence

• professional emails,
• written witness statements,
• work-related communications,
• medical certificates (where appropriate and authorized),
• workplace audio/video recordings compliant with privacy regulations.

Evidence obtained unlawfully or unfairly may be excluded by courts.

Several stakeholders may be involved:

• management,
• HR teams,
• compliance officers,
• employee representatives,
• labour counsel,
• occupational health professionals,
• trade unions,
• and labour authorities.

Each has a distinct role in ensuring a lawful, fair and effective process.

French law does not impose a strict statutory deadline, but investigations must be conducted promptly. Excessive delays may themselves constitute a breach of the employer’s duty of care.

Most investigations are completed within:

• 4 to 6 weeks for standard matters,
• 2 to 3 months for complex or cross-border cases.

Beyond crisis management, companies should implement robust prevention frameworks, including:

• regular training,
• anti-harassment policies,
• whistleblowing mechanisms,
• psychosocial risk assessments,
• management coaching,
• and workplace culture initiatives.

Prevention has become a key governance, compliance and ESG issue for international organisations.

Internal investigations into allegations of moral or sexual harassment require legal precision, methodological rigour and strict adherence to the principles of impartiality, confidentiality and due process.

A properly conducted investigation protects:

• employees,

• the rights of the defence,

• workplace culture,
• and the company itself.

For international organizations, these matters often involve additional complexity relating to:

• cross-border employment rules,
• whistleblower protections,
• data privacy,
• compliance obligations,
• and reputational exposure.

As an international law firm specialising in employment law, compliance and workplace investigations, we support companies at every stage of the process:

• strategic assessment,
• investigation management,
• witness interviews,
• legal analysis,
• disciplinary procedures,
• crisis management,
• and prevention policies.

Our multidisciplinary, cross-border approach enables us to help French and international clients navigate sensitive workplace issues with discretion, efficiency and legal certainty, while ensuring that investigations remain both operationally effective and legally robust.