Combatting Intersectional Hate Speech in France: A Growing and Ambivalent Issue in the Workplace

Abstract

This chapter draws on concrete examples from French employment litigation to explore how the concept of intersectional hate speech in the workplace can be understood and applied internationally. Although the notion of intersectional hate speech is absent from both French criminal and labor legislation, recent jurisprudence has increasingly acknowledged its impact. Courts are recognizing how hate speech targets employees situated at the intersection of multiple forms of disadvantage across various job sectors, even if they do not explicitly label it as intersectional discrimination. Using illustrative cases, this study examines the specific risks associated with intersectional hate speech in the workplace, while also highlighting the ambivalence of French courts. On the one hand, judges address forms of racist and sexist verbal harassment; on the other, they often limit the scope of their decisions based on other fundamental rights such as free speech and privacy.