(Cass. soc., 10 March 2009, n°07-44.092): The Cour de Cassation has confirmed the full force of anti-retaliation rules under French law which apply to victims of harassment, holding that an employee who brought a false claim against their employer for bullying and harassment cannot be disciplined, dismissed, or suffer discriminatory measures, in particular in terms of compensation, training, redeployment, promotion or renewal of their employment contract, for having claimed to have suffered harassment, despite the fact that the claims made could not be substantiated.

The only situation in which the employer can bring an action against the employee is therefore if bad faith can be demonstrated, which is notoriously difficult.