According to the French Labour Code, “No one shall be subjected to sexist behaviour, defined as any behaviour related to a person’s sex, which has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”.
The Labour Code also specifies that employers must implement necessary measures to ensure the safety and protect the physical and mental health of workers, particularly in relation to the risks associated with psychological and sexual harassment, as well as those associated with sexist behaviour.
The Court of Cassation has ruled that even if sexist behaviour has been tolerated in the past, it justifies dismissal on the grounds of the “obligation to ensure the health and safety of workers”.
Based on this safety obligation, a ruling of 17 September 2025 confirmed that if a manager repeatedly makes sexist, insulting and degrading comments to his subordinates, this behaviour constitutes serious misconduct.
Cass. soc., 17 September 2025, no. 24-14.363
