Jess is a secretary for Max at ABC company. Max often looks at Jess' chest area and had made comments suggesting that they go to a strip club for lunch. She does not report it because Max is her boss and feared he would retaliate. ABC has a clear reporting policy which Jess signed off on. Nevertheless, Jess ultimately resigns and sues Max and ABC for sexual harassment. What is the likelihood of her prevailing on a sexual harassment claim and the company's best defense?