SOS sexual harassment: how to support a victim employee?

The victims of sexual harassment are numerous: during their career, no less than one in five women will face it in France. Despite this striking reality, in fact, there is little open dialogue on the subject of harassment and sexual violence in companies. In fact, only 3 out of 10 victims report the facts to their hierarchy.

So, how to manage these sexist situations, which are so delicate, when the victim finally had the courage to confide? How to fulfill the employer's duty to prevent and protect and best support victims and witnesses in a sexual harassment case?

SOS sexual harassment: knowing how to gather testimony and take care of the victim

Taking sexual harassment reports into considerationSpeaking out on the subject of sexual harassment in the workplace is extremely complex for its victims. So, when you are faced with one of them, it is important to have a certain number of keys to welcome their testimony as best as possible:

• Active listening to the victim of sexual harassment : you must welcome confidences with kindness, and gather the first elements that will allow the situation to be characterized.
• A guilt-relieving and reassuring speech : opening the dialogue was not easy, and even if you have a duty of neutrality, letting the victim know that they are no longer alone will be a real relief for them.
• One Reminder of the law, rights and remedies possible for the victim: right of withdrawal, contact with the Defender of Rights, filing a formal complaint, procedure for reporting online harassment, etc.

Note: managing to create a climate in which victims will dare to speak out represents daily field work, making contacts, and regular dialogues with the teams.Refer the victim of sexual harassment for the best careThis first interview is also an opportunity to organize the care of the harassed victim. This can be done at several levels:

• Medical : you can put the victim in contact with an occupational doctor (urgently if necessary). Like any medical procedure, this visit will benefit from medical confidentiality. The occupational physician is authorized to propose measures aimed at maintaining the health of the harassed employee, which must be taken into account by the employer.
• Psychological : psychological care provides support and support to the victim of harassment. She can then confide in a neutral environment, where it will be easier to speak.
• Social : the link with social services is generally accompanied by contact with occupational health services. You can also provide the contact details of specialized associations, which can provide valuable assistance to victims.
• Administrative : care must be formalized. A first report must be drawn up, which will be the starting point for the investigation that will follow.
• Juridical : if the victim wishes to file a complaint, you can put them in contact with legal assistance and protection services so that they can learn about the various criminal and labor procedures.

Important : the victim's direct supervisor can sometimes be the entry point for this type of confidence. If you are concerned, you have a duty to report the information to human resources. Be careful to maintain a neutral and distant attitude to the situation: you do not have to comment on the facts, or to take sanctions, until a sexual harassment investigation has been conducted.SOS harassment: fulfilling the duty of protection towards employees and punishing the perpetratorOnce you have directed the victim to the appropriate contacts to take care of them, a strict procedure must be followed. Otherwise, the employer could be held liable on the basis of its obligation to provide safety to its employees.

Take urgent measures to protect the victim of sexual harassment or sexist acts at work

Everything depends on the situation, of course, but if necessary, the first instinct is to take emergency measures to protect the victim:

• This can be done through thetemporary remoteness of the stalker or the victim.
• The victim can exercise his right of withdrawal (article L. 4131-1 of the Labor Code), if the situation presents a serious and imminent danger.

Note: it is also important to ensure the protection against dismissal and direct and indirect discriminatory measures of victims, but also of witnesses, following their testimony. This protective measure is valid whether the facts prove to be true or not, as long as there is no bad faith on the part of the alleged victims and witnesses (Article L. 1153-2 and P. 1153-3 of the Labor Code).

Conduct an internal investigation

Only after everyone's safety is guaranteed can we move on to the investigation phase :

• As far as possible, the various actors must all be heard: victim (s), witness (s), and perpetrators.
• A detailed report must be written, which must be as documented as possible: nature of the facts, dates, locations, times, damage suffered, follow-up given, etc.
• This report should lead to a clear conclusion, from which the next course of events will follow.
• To ensure the proper conduct of the investigation, it is advisable to avoid contact between the various stakeholders as much as possible until the final report of the investigation has been delivered.

Good to know: it is important to inform members of the CHSCT (Health, Safety and Working Conditions Committee) of the situation. Note that if the initial alert was given by one of the members of the CHSCT, he/she must be a party to the investigation launched. Get support from our teams to organize your sexual harassment investigation

Punishing the perpetrator

If the facts are true, the perpetrator must be sanctioned:

• Attention, until the investigation is successful, the Presumption of innocence applies. Therefore, no disciplinary sanctions can be given beforehand.
• Les disciplinary sanctions taken by the company are independent of a possible legal procedure towards the perpetrator.
  • Even in the event of an unsuccessful dismissal or if the victim did not file a complaint, this does not in any way prevent disciplinary sanctions from being taken by the employer.
  • On the other hand, once a criminal sanction is pronounced by the courts, the employer is required to take disciplinary sanctions.
• The degree of punishment varies according to the fault committed: layoff, demotion, transfer, termination of the employment contract, etc.

SOS sexual harassment: managing the aftermath

The support of one or more proven cases of sexual harassment does not end there. The company must also ensure that:

• Encouraging the reintegration of the victim of harassment : in some cases, it may be too complicated for the victim to return to their old job. With his agreement, and that of occupational medicine, a new assignment may be considered.
• Follow up :
  • It is essential to communicate the follow-up given to the investigation to the victim and more generally to the various persons involved.
  • Moreover, the incident is necessarily indicative of a malfunction in the company. An analysis must therefore be done to find out how this could have happened and what preventive measures can be taken so that it does not happen again.
  • Finally, it is very important to open a dialogue on the subject, for example by organizing workshops or discussion groups.

The ideal is to take the subject into your own hands before finding yourself in a crisis situation.