• Amber and Phil work for Owl Box. Amber and Phil both applied for a promotion; they had both been hired by Owl Box at the same time for similar positions and overall have very similar performance records. Amber was having sexual relations with the general manager at the time the promotion was considered. Amber received the promotion over Phil. Phil recalled in one of his employment trainings that Owl Box had specific procedures in place to prevent sexual harassment and to report incident of sexual harassment. Following that procedure, Phil filed a complaint with the HR department, but then failed to respond to any follow-up correspondence from the HR department seeking information concerning the promotion and he relation o the various parties. Nothing further was done with the complaint by HR department and Phil filed a lawsuit for the specific cause of action of sexual harassment based on the failure to be promoted. Phil did not allege any cause of action for sex discrimination. Discuss whether Phil is likely to succeed on a claim for sexual harassment (Be specific as to the requirements to establish a prima facie case of sexual harassment; Then separately (using the assumption that sexual harassment was established) explore if there is any defense to ultimately conclude whether Phil can succeed on the claim.