the French Football Federation condemned by the Court of Appeal for “failure to fulfill its security obligations”

A young woman had filed a complaint against her superior for sexual harassment. The case, dismissed by the courts, was brought before the Industrial Court who ruled in his favour. The Paris Court of Appeal upheld the conviction, recognizing in addition to damages, specific moral harm

The French Football Federation was condemned on appeal for “failure to fulfill its security obligations” concerning acts of sexual harassment, according to the judgment of the Paris Court of Appeal of which franceinfo became aware on Monday December 2. The FFF is ordered to pay 18,000 euros in damages to the complainant. In 2021, the FFF was condemned at first instance by the Paris Industrial Tribunal for the same facts. The Federation was then ordered to pay 10,000 euros in damages for the benefit of the complainant.

The victim, a former employee on a fixed-term contract aged 23, claimed to have “suffered sexual harassment” from the financial director of the FFF, his hierarchical superior. This employee first filed a complaint in 2018 with the Paris prosecutor's office. She accused the financial director of twice trying to kiss her. But after an investigation, the case was closed without further action. The young employee subsequently decided to take action with the Industrial Court who therefore ruled in her favor in 2021, then the FFF appealed this decision.

Ultimately the Court of Appeal also ruled in his favor. In its judgment dated November 27, the Court affirms that“it emerges from all of these elements that [la plaignante] being in a fragile situation due to their age, status and desire to continue their integration […] was repeatedly attacked in her dignity by the attitudes and words uttered by [son supérieur] reducing her to her gender and supposed sexual attraction […] It is also established that [l’accusé] tried to kiss him on the mouth. Accordingly, continues the judgment, [la plaignante] was the victim of sexual harassment by his superior.

Concerning the failure of the employer's obligations regarding the prevention and cessation of acts of sexual harassment, the Court considers that “familiarity, attacks on the dignity of women, excesses of language and behavior [de l’accusé] were well before the denunciation [de la plaignante] and sufficiently noisy […] so that it cannot be claimed that the employer was unaware of these facts. It can even be admitted that these actions were tolerated and that no limits were set [à l’accusé]”.

Consequently, the Court of Appeal confirms the amount set by the Industrial Tribunal at first instance “which correctly assessed the sum of 10,000 euros in damages for harm suffered due to non-compliance with its obligations regarding the prevention and cessation of acts of sexual harassment and the breach of the security obligation”. In addition to this sum, the Court also orders the FFF to pay 8,000 euros to the plaintiff for specific moral damage.

For Marie-Alix Canu Bernard, lawyer for the plaintiff contacted by franceinfo, “the FFF has remained on practices from another century”. The lawyer returns to the Court's judgment to emphasize the fact that “the association knew that such behavior contrary to respect for the dignity of women existed in these services” and adds that – according to the Court – after his client's denunciations, she “had to endure threats accusing him of lying or behaving inappropriately”. A defense, according to the lawyer, “unsuitable but above all unworthy”.