Moral Harassment: What to Do When a Report Is Filed?
An employee who files a report rarely describes a specific violation; rather, they describe what they are experiencing.
The employer must respond, regardless of the term used.
But a report is not proof: it is important to protect without accusing, and to investigate without rushing to assign blame.
If the situation warrants it, take immediate precautionary measures (temporary reorganization, temporary reassignment).
Then ensure confidentiality for both the person who raised the concern and the person accused.
Is it necessary to investigate every report?
Not necessarily, but it is strongly recommended.
In fact, 81% of employees support internal investigations, but only 14% of employees are aware of an internal investigation conducted within their organization over the past twelve months.
If the allegations are limited in scope, a few interviews or targeted verifications may suffice.
The employer must still conduct an investigation.
In any case, the employer’s failure to act may result in damages, even if psychological harassment is ultimately not proven.
If the allegations are more serious, disputed, or likely to recur, a structured investigation is required.
Furthermore, in certain cases, the investigation is formally regulated, for example, when the CSE exercises its right to raise an alert.
In all cases, the employer must be able to explain its decisions.
Finally, the organization itself may be held liable, beyond any specific individual.
On July 8, 2026, the Court of Cassation ruled that management practices alone may be sufficient to constitute a hostile work environment, even if the employee has not personally been subjected to acts of harassment (Cass. soc., July 8, 2026, No. 24-17.481).
Two reports within the same team, a series of resignations, and an excessively heavy workload are all points of concern that, taken together, may reveal a collective problem.
In the event of a dispute, the judge will examine the employer’s response as much as the facts themselves: acting without delay, protecting confidentiality, assessing the situation impartially, and keeping a record of the various actions taken are all key considerations.
In the most sensitive situations, the matter may also fall under corporate criminal law.
Source: 2026 Workplace Harassment Barometer, Qualisocial x Ipsos bva x AvoSial.