Constraints or promises of benefits
You can file a complaint for harassment if you prove that an employer, a manager, a supervisor, a consultant in charge of recruitment, a customer of the company but also a colleague exerts pressure in order to obtain your sexual favours.
This pressure manifests itself in constraints:
- blackmail ;
- attack on your dignity (humiliation);
- insults;
- unjustified orders.
Note: Offering you benefits (like a promotion, for example) in exchange for sex is also considered sexual harassment.
Seduction attempts
However, the following are not considered harassment:
- declarations of love;
- displays of affection;
- non-sexual physical contact;
- expressions of desire;
- sexual proposals;
- gifts.
Sexually harassing does not mean being insistent but maintaining pressure in exchange for satisfying your superior’s desire.
Any sentimental or sexual manifestation (by words, letters, emails, SMS…) which is carried out for the sole and unique purpose of seducing you is not considered as harassment.
Note: if someone forces you to have inappropriate physical contact, it may be recognized as sexual assault.
React and file a complaint
If you feel you have been sexually harassed, keep records of your contacts if you can. Also collect as many testimonials from colleagues as possible to corroborate your statements.
Do not hesitate to contact associations against sexual harassment (eg AVFT: European Association against violence against women at work).
Contact staff representatives, trade unions or the labor inspector to inform them of your situation. You can file a complaint for harassment with the industrial tribunal or the tribunal de grande instance.
For information, the criminal sanctions in the event of sexual harassment are 2 years’ imprisonment and a fine of 30,000 euros and 3 years and 45,000 euros in the event of aggravating circumstances.