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The French Supreme Court recognises the possibility of a sexual harassment by the way of the work environment

Published on : 30/07/2026 30 July Jul 07 2026
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Can a work environment where sexually suggestive or sexist remarks are made constitute sexual harassment, even when those remarks are not directly aimed at the employee bringing the claim?

In a judgement of 28 May 2026, the French Supreme Court (Cour de cassation) upheld the concept of sexual harassment by the work environment (Cass. Soc., 28 May 2026, n°24-22.754).

Prohibition of sexual harassment
Article L. 1153-1 of the French Labor Code prohibits acts of sexual harassment, defined as repeated remarks or behavior of a sexual or sexist nature which undermine an employee’s dignity due to their degrading or humiliating nature, or which create an intimidating, hostile or offensive working environment for that employee. 

Taken literally, it appears that this provision does not require the victim to be personally and specifically targeted; it is sufficient that the conduct has created a hostile or degrading working environment for them.

In the case in question, an employee at a fast-food franchise accused her line manager of making inappropriate comments and engaging in behavior of a sexually suggestive nature. Following intervention by senior management, the manager stopped harassing her directly but continued to make inappropriate comments in front of other employees. The employee also cited a deteriorated working atmosphere and claimed that she and other employees had been subjected to a humiliating working environment.

The Court of Appeal had dismissed her claim on the grounds that the disputed remarks were directed at other employees and not at her, and that there was no evidence to show that she had been personally targeted.

The French Supreme Court overturned this ruling. It held that remarks with sexual or sexist undertones addressed to several employees, or made in the presence of several employees, are likely to be endured by each of them. Consequently, the fact that the employee was not the direct target of the remarks does not exclude the classification of the conduct as sexual harassment, provided that she was forced to endure a humiliating or degrading working environment.


The Court thus adopts an approach centered on the state of the atmosphere at work, rather than solely on the individual identification of a victim.

Scope of the ruling and practical implications
This decision brings social case law into line with the approach already adopted in criminal matters, where the Criminal Chamber of the French Supreme Court had recognized that sexist or sexual behavior displayed in the presence of several people may be imposed on each of them. It confirms that a sexist atmosphere within a team may be sufficient to constitute sexual harassment, even in the absence of a personal attack directed at the employee bringing the case.

For companies, the practical implications are straightforward: prevention must target not only specific individual behaviors but also comments or attitudes likely to create a sexist, humiliating or hostile working environment. In the event of a complaint, a swift and well-documented response remains essential.
 
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