Discrimination/Harassment situations in the company: a lawyer can lead the internal investigations

Under French employment law, employers have a legal obligation to prevent and address workplace harassment, discrimination and sexism. This includes the obligation to investigate any allegations of this nature.

Considering the need to fight more and more against these situations, the quality and seriousness of the investigations conducted in companies are crucial in case of allegations.

During the investigations, the investigator will conduct interviews with the parties involved, review any relevant documents or evidence, and provide with a report outlining their findings. This report will then be used by the employer to take the appropriate mesures.

According to French case law, employers can lead the investigations by themselves. However, they can also entrust this task to an external advisor – who could notably be a lawyer.

In 2019, the Paris Bar Council reaffirmed the essential role of assistance and advice of the lawyer in the context of internal investigations and clarified the conditions under which the lawyer may be in charge of the investigation.

The deontological rules of lawyers allow them to offer real guarantees to companies within which investigations are carried out and to their employees, in particular confidentiality and independence.

MGG LEGAL has already been involved in such matters and could perfectly implement some internal investigations within your company.