Internal Investigations into Harassment and Discrimination

Moral harassment

Repeated conduct resulting in a deterioration of working conditions (Art. L.1152-1 of the Labor Code). Our attorneys assess the facts in accordance with established legal precedents.

Sexual harassment

Repeated remarks or behavior of a sexual or sexist nature, or serious pressure (Art. L.1153-1). A tailored interview protocol to ensure victims feel safe speaking out.

Discrimination

Discrimination based on the 25 criteria prohibited by law (Art. L.1132-1). A systemic analysis of HR and managerial practices.

Sexist behavior

Sexually-based conduct that violates human dignity (Art. L.1142-2-1). Identification of such behaviors and prevention recommendations.

Inappropriate behavior

Situations that undermine respect for individuals and the quality of life at work. Fact-finding investigation and organizational recommendations.

Is an internal investigation required after a report is filed?

Yes. The employer has a duty to ensure safety (Article L.4121-1 of the Labor Code) and must prevent incidents of psychological harassment (Article L.1152-4) and sexual harassment (Article L.1153-5). Case law holds that the failure to investigate after a report constitutes a breach of the duty to prevent (Cass. soc., November 27, 2019, No. 18-10.551), even if the facts are ultimately not established.

How soon should the investigation be launched?

The law does not specify a specific timeframe; case law requires a prompt and proportionate response. In practice, the investigation must be launched within days of the report being filed. Accordia responds to all requests within 24 hours and formalizes a letter of engagement within a week, allowing you to demonstrate your diligence from the outset.

How long does an internal investigation take?

In most cases, between 3 and 6 weeks, depending on the number of people to be interviewed and the complexity of the facts. The initial scope defines a specific timeline: document collection, interviews, analysis, report, and presentation. Regular progress updates are provided to management throughout the engagement.

How much does an outsourced internal investigation cost?

The cost depends on the scope of the project: the number of interviews, the volume of documentation, and whether a report is required for the Works Council. Accordia provides a detailed fixed-price quote following an initial confidential and free consultation, with no unexpected cost overruns. This cost should be weighed against the financial risk of failing to conduct an investigation or conducting one poorly: damages, labor disputes, and a deterioration in workplace relations.

Why outsource the investigation rather than have HR handle it?

Outsourcing ensures the neutrality of the process, which is essential for the report’s evidentiary value. It is particularly necessary when the accused holds a management position, when HR teams are close to the parties involved, or when the workplace atmosphere is sensitive. It also frees your internal teams from a time-consuming task. Accordia mobilizes teams of attorneys specializing in labor law who are trained in interview techniques.

Is the investigation report admissible in court?

Yes. The Accordia report is detailed and admissible in court: it includes dated and sourced facts, signed interview transcripts, an analysis based on legal criteria, and a reasoned determination. It may serve as the basis for disciplinary action and be submitted to the labor court. The Court of Cassation recognizes the probative value of investigations conducted by an external firm (Cass. soc., March 17, 2021, No. 19-25.313).

How is the confidentiality of testimonials ensured?

Each hearing is conducted individually, in a neutral location, with a formal commitment to confidentiality. Distribution of the report is strictly limited to authorized individuals. Witnesses are also afforded legal protection against any retaliatory measures (Articles L.1152-2 and L.1153-2 of the Labor Code). This secure environment encourages candid testimony, which is essential for the reliability of the findings.

Does the employee under investigation have to be notified of the investigation?

Internal investigations are not subject to the adversarial principle applicable to judicial proceedings: case law recognizes that an investigation may be conducted without prior notice to the accused (Cass. soc., March 17, 2021, No. 19-25.313). In practice, Accordia recommends systematically interviewing the accused: this allows them to present their version of the facts, which enhances the fairness of the process and the strength of the report.

Can the suspect be detained during the investigation?

Yes, interim measures may be taken during the investigation: adjustments to work arrangements, remote work, suspension from duties, or administrative leave as part of disciplinary proceedings (Article L.1332-3 of the Labor Code). The goal is to protect individuals and ensure that hearings proceed smoothly, without prejudging the conclusions. Accordia advises you on the appropriate measure for each situation.

Should the CSE be involved in the investigation?

The CSE has the right to issue an alert in the event of a violation of individual rights (Article L.2312-59 of the Labor Code), and an elected representative may initiate such a report. Their involvement in the investigation is not automatic; it depends on the source of the alert and the social context. Accordia works with you to determine the appropriate level of information for employee representatives and can provide a dedicated briefing for the CSE.

What happens if the facts are not established?

An investigation that finds no evidence of harassment or discrimination is just as valuable as one that confirms the allegations: it demonstrates that the employer took the report seriously and protects the company in the event of a legal dispute. The report often identifies areas for organizational improvement and leads to preventive recommendations, such as training, awareness-raising, and clarification of procedures.

What are the risks if the employer fails to conduct an investigation?

Failure to act exposes the company to a range of risks: a judgment of liability for breach of the duty of care, including damages; a court ruling or termination of the employment contract at the employer’s fault; the invalidity of a dismissal issued without a thorough investigation; and lasting damage to the work environment. Conversely, a thorough and prompt investigation supports your decisions and demonstrates a respectful and empowering corporate culture.

How is the survey data protected (GDPR)?

Data processing complies with the CNIL’s recommendations for reporting systems: collection is limited to strictly necessary information, access is restricted to authorized personnel, retention periods are strictly regulated, and data subjects are informed. Accordia, a B Corp-certified company with 16 years of expertise, follows a formalized data management protocol for every project. If you have any questions, please contact our teams.