James was hired as a secretary at the University of Pacifica. His supervisor was the Dean of the Faculty of Law, Rose. A few weeks into his new role, Rose began to stop by James' desk and engage in conversations about personal matters. This made James uncomfortable but he said nothing. On one afternoon, after working hours, Rose called James into her office and began to tell him stories that were full of sexual innuendo.

When James stood up to leave, Rose moved between him and the door and said, "James, sit down. I'm not done with you yet." Afraid of losing his job, James did as his boss told him to. RosecontinuedtotellpersonalstoriesandmadesuggestivecommentstowardsJamesforabout anhourbeforesheallowedhimtoleave.Ashewasleavingheroffice,RosegaveJamesakiss and smacked his bottom. Although this upset him, James did not struggle or try to avoid her kiss.

The incident caused James great distress. He reported the incident to Human Resources. That night,hereceivedaphonecallfromalividRosewhosaid,"Whattheheckdoyouthinkyou're doing?! Why'd you report me to HR?! I was just being friendly." When James attempted to explain that her actions had made him uncomfortable, Rose cut him off, saying. "I'll do whatever I please, so long as I am your boss!"

Jamesquit his jobat theUniversityfollowing this incident.

1. Using IRAC and relevant case law, discuss any tortious actions that James canbring against Rose.
2. ArethereanydefencesavailabletoRose?