When a dispute arises relating to the application of Articles L. 1152-1 to L. 1152-3 and L. 1153-1 to L. 1153-4, the applicant for a job, an internship or a period of training in a company or the employee presents evidence suggesting the existence of harassment.
In the light of this evidence, the onus is on the defendant to prove that the conduct does not constitute harassment and that its decision is justified by objective factors unrelated to any harassment.
The judge will form his opinion after ordering, if necessary, any investigative measures he deems useful.