When we talk about harassment in the workplace, we may be talking about moral or sexual harassment. First of all, let's distinguish these two notions by their legal definition.

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Harassment in the workplace: distinguishing between moral and sexual harassment

Sexual harassment in the workplace:

Any repeated comments or behaviour with a sexual connotation that either violates dignity by being degrading or humiliating, or creates an intimidating, hostile or offensive situation.

Or

Any form of serious pressure, even if not repeated, exercised with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the perpetrator or a third party.

articles L1153-1 to L1153-6 of the French Labor Code.

Harassment in the workplace :

Repeated acts which have as their object or effect a deterioration in the employee's working conditions likely to infringe his rights and dignity, alter his physical or mental health or compromise his professional future.

‍articlesL1152-1 to L1152-6 of the French Labor Code.

Repeated sexist behavior may constitute moral harassment.

Harassment in the workplace: the consequences

Consequences for the victim

Firstly, the situation has psychological consequences for the victim.

• Self-deprecation
• Feelings of guilt
• Loss of self-confidence
• Risk of depression

His professional environment is also impacted.

• Decline in investment
• Decreased job satisfaction
• Isolation
• Deteriorating relations with colleagues

Harassment is also a traumatic event. This can lead to post-traumatic stress. The person may then relive the trauma. These may include nightmares, flashbacks and intrusive thoughts. There may also be changes in behavior. Hypervigilance, hyperactivity and exaggerated reactions are observed.

Consequences for the company

Harassment doesn't just affect the individual. It affects the whole company.

• Absenteeism
• Turnover
• De-motivation
• Lower productivity
• Poor social climate

Taking action in the face of risk

The company's obligation

According to article L.4121 of the French Labor Code, the employer has a safety obligation. He must take the necessary measures to ensure the safety and protect the physical and mental health of workers.

Setting up a harassment investigation

The purpose of a harassment investigation is to establish the circumstances of a factual situation. The employer can then take appropriate action if necessary. The investigation will make it possible to identify, understand and deal with situations of harassment and violence in the workplace.

If a case is reported, the employer is obliged to initiate an investigation.

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To avoid any conflicts of interest, it's a good idea to outsource the survey. This ensures confidentiality and preserves the objectivity of the investigation. The company calls on professionals who are experts in these situations.

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At Pros-Consulte, we intervene in companies in the event of an alert. Our consultants have extensive field experience in conducting harassment investigations. Our investigations are conducted objectively, following a rigorous methodology.

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See also our article: Helping a colleague who is a victim of harassment

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10 key steps to conducting an internal harassment survey

Protecting people, protecting employers.

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1. Before you start: qualify the signal

Objective: to carry out an admissibility study of the complaint to determine whether it is indeed a signal of alleged harassment and what action to take.

• The admissibility of a complaint must not delay protective measures if a person's health or safety is threatened.
• Reading grid: isolated comment, repeated situation, hierarchical disagreement, violation of dignity, etc.
• Questions to ask: are the facts precise, dated and supported by witnesses?
• Do the protagonists need immediate psychological support?
• Activate the Pros-Consulte helpline to free up your voice and provide psychological support before any proceedings.

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2. Preparing the survey framework

Objective: establish and communicate the harassment investigation framework

• Determine who will carry out the investigation impartially (HR/QWC team or external third party). The choice of investigator must avoid any conflict of interest and be validated by management or a neutral third party.
• Guarantee the confidentiality of hearings and respect for the protagonists.
• Review the legal framework (articles L1152-1 et seq.).
• Write a neutral internal e-mail announcing the opening of the survey.

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3. Collect facts and documents

Objective: don't base anything on feelings, but objectify the facts.

• Ask the complainant and respondent to identify witnesses who will also be interviewed.
• Inventory elements: emails, SMS, testimonials, notes. Personal data is stored in compliance with the RGPD.
• Keep a tracking table (date, nature, source, status).
• Secure exchanges in a restricted shared directory.
• The information gathered may only be used within the strict framework of the investigation.

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4. Conduct auditions methodically

Objective: to guarantee impartiality and traceability.

• Hearing format adapted to the complainant, respondent and witnesses.
• Opening, clarifying and closing questions.
• Secure the protagonists: no direct confrontation unless necessary.
• Reading and validation of the hearing report by the person heard.

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5. Analyze the facts

Objective: distinguish between harassment, conflict and dysfunction.

• Cross grid: nature of facts, evidence, frequency, intention, impact.

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6. Write the survey report

Objective: formalize a clear, factual and actionable summary.

• Structure: background, methodology, findings, analysis, conclusions and recommendations.
• Neutral tone, documentable, readable by management and the CSE.
• Legal proofreading checklist.
• The report does not make a legal finding of fault, but qualifies the facts observed.

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7. Communicate findings

Objective: to close without creating additional tension.

• Sample internal communication:
  "An internal investigation has analyzed the reported situation. Actions will be taken to reinforce prevention."
• Never share nominal elements.
• Remind people of our prevention policy and existing listening channels.

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8. Implement the action plan

The aim is to treat the causes, not just the symptoms.

• Possible actions: managerial awareness-raising, role clarification, mediation, individual coaching.
• Link with Pros-Consulte services: RPS audit, harassment referent training, coaching.
• Example: three-month post-survey action plan.

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9. Archive and capitalize

Objective: guarantee traceability and learn lessons.

• Complete file: documents, minutes, e-mails, report.
• Recommended shelf life: five years minimum.
• Feedback sheet to improve the system.

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10. Prevent rather than suffer

Objective: to anchor prevention.

• Indicators to monitor: weak signals, use of hotline, social climate.
• Resources: QVCT training, managerial supervision, Pros-Consult hotline.

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👉 Request a flash diagnosis of your prevention system.

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