Introduced in 1992, the French legislation on sexual harassment tends to approach similar laws across the Atlantic. U.S. law prohibits "harassing a person (employee or job applicant) because of her sex." Based on equity of all citizens before the law, it seeks to protect the rights of all segments of society, in order to defend the weakest minorities.
In the French Penal Code, the definition of harassment has been expanded to "any order, threat or coercion in order to obtain favors of a sexual nature." Civil law and criminal law French, however, saw a case of harassment differently. Before the Labour Court, just as the employee establishes the reality of harassment to the accused is compelled to defend his behavior.But at a hearing before the criminal court is the accuser who must provide evidence of guilt. This is where the difficulty lies in proving a case of harassment in France. In most cases the harassment does not leave visible traces, and it is difficult for victims to prove the guilt of the perpetrator.
The legal provisions on sexual harassment in France and the United States also has a very large difference in the amount of damages. "The French courts are less generous than their U.S. counterparts," says Peter Jung, a lawyer with Cohen Amir-Aslani Ngo & Associates. "The American concept of punitive damages to punish a fault, does not exist in France where the damages are only intended to repair an injury suffered by a victim.Legal action in France is not a gamble, as it may be in the Anglo-Saxon. "
A question of manners
Why sexual harassment cases when they have an echo as important to U.S.? Martine Bouccara, lawyer with Cohen Amir-Aslani Ngo & Associates, is a matter of criminal policy, more or less on certain crimes and misdemeanors. "In terms of gravity, the prosecuting authority (the prosecutor) does not act the same way on different elements of public policy. That is his right because he was also elected on a platform. United States, it is the sexual offenses that hold the attention of prosecutors, because the fact of Puritanism, there is an exacerbation of sensitivity around this issue. "
For sociologists, this exacerbation have been linked to the American concept of privacy (privacy), which is much larger in the U.S. compared to France.It includes not only everything about a person but also what that person is able to control. "Tell me who you are in private life, and I'll tell you who you are in public life," summarizes Virginia Martin, a sociologist and research professor at Euromed Management. Thus, when a boss is convicted of harassment by the U.S. justice system, the message perceived by society is that it is unable to control a large company because it has no self control itself. "An American will feel more easily knocked in his privacy than French. And when his "protection zone" can be more easily reached, the scope of prevention is broader, "the lawyer Martine Bouccara analysis.
But according to Eric Albert, president of the firm IFAS, this trend is often taken to extremes."Even jokes on the topic of sex are sometimes criticized. Some people complaining of sexual harassment have no idea what it is. However, it is a very serious act that has great psychological impact on victims. "
The lawyer Peter Jung finds in recent years the "legalization" of French society in terms of sexual harassment. "In the U.S., relations between people in the world of work are fairly complicated and even codified. The rules of behavior that society demands can affect the spontaneity of relationships. But it is undoubtedly the price to pay to eliminate discriminatory behavior. In France, there is a growing number of lawsuits to try to punish inappropriate behavior. Our country takes its cue from the U.S. in this regard, but it remains very far from him look like.A remark or sexist behavior is unfortunately often perceived as a sign of virility. "
The revolution of mentalities in France is not about to happen, say the lawyers. But in our society, the facts of harassment have long been denied and suppressed by the companies. That is why today we are witnessing a rather violent denunciation of these facts.
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