In a decision dated 4 July 2024, the Paris Court of Appeal rejected the request of an employee who requested the communication of an internal investigation report, referring to Article 145 of the Code of Civil Procedure, to establish proof of facts of sexual humiliation at work. Indeed, it is up to the judge to verify whether such communication is necessary, proportionate and essential to the exercise of the right to proof, while considering the privacy of other employees. Thus, the Court of Appeal ruled that this communication was not necessary to exercise the employee’s right to proof, since she already had sufficient evidence to demonstrate the employer’s failure to meet their safety obligation (CA Paris, 4 July 2024, No. RG24/00334).
