On Monday, July 20, 2020, Carl Carlson began working at Best Anime Merch Shop #1 in Newport Beach, California as a full-time employee. At the time, Mr. Carlson had just graduated from high school and was 18 years old. Mr. Carlson is a heterosexual man who was and still is dating a long-term girlfriend. Mr. Carlson was a cashier.

Mr. Carlson's supervisor was Susan Smith. Ms. Smith is 25-year old is a woman who identifies as bisexual.

Cashier Carlson was hired and paid an annual salary of $29,120 per year. Mr. Carlson usually worked 4 days a week with a half an hour lunch break. Mr. Carlson was paid his salary, but never any overtime pay. On his first date of work, Cashier Carlson signed an acknowledgement agreeing that he was exempt from overtime pay, because he was salaried. Cashier Carlson did not supervise any employees and his primary job was to ring up customers, make sure his till was accurate, and if sales were slow to stock merchandise or clean as needed. Cashier Carlson never clocked in or out, but did maintain the same schedule every week. He worked 10am to 9:30pm every Thursday through Sunday until he resigned.

When Cashier Carlson and Supervisor Smith first started working together, Supervisor Smith was friendly to Cashier Carlson. She told him about her hobbies, made small talk, and gave some details about her life, including she liked watching anime and playing video games.

At some point, Supervisor Smith told Cashier Carlson that she liked anime with nudity in it. Supervisor Smith told Cashier Carlson that the anime she preferred had characters that showed some skin - basically anime that had a pornographic feel to it. Anime is a style of animation originating in Japan that is characterized by stark colorful graphics depicting vibrant characters in action-filled plots often with fantastic or futuristic themes.

Best Anime Merch Shop #1 did not sell this type of anime. Supervisor Smith told Cashier Carlson that the owner of the store should sell it, because it made a lot of money and her previous employer was raking in the cash with such products.

Supervisor Smith also told Cashier Carlson, with another cashier present, that she also likes crude video games like her preferred form of anime.

Supervisor Smith also told Cashier Carlson that she very much preferred the company of men who had similar interests to her. Supervisor Smith told Cashier Carlson that she especially enjoyed his company.

Cashier Carlson noticed that Supervisor Smith always seemed to schedule his shifts at the same time as hers. Supervisor Smith talked nearly every day about the anime programs that she was watching and what she liked best about them (including how the characters were dressed or how little they were wearing). Supervisor Smith also recommended specific programs along these lines for Cashier Carlson to watch. During this conversation, Supervisor Smith smiled and squeezed Cashier Carlson's bicep asking him if he had been working out. Cashier Carlson told Supervisor Smith that he had a girlfriend. Supervisor Smith responded that she was just teasing him and she proceeded to squeeze his other arm.

In October 2020, Cashier Carlson was in his car at lunch when Supervisor Smith walked over to his car and knocked on her window. After Cashier Carlson rolled his window down, Supervisor Smith began chit chatting with him. Cashier Carlson does not recall supervisor Smith saying anything inappropriate, but her behavior was strange. Cashier Carlson told Supervisor Smith that he wanted to take a nap during his lunch and that they could talk when he off his break. Supervisor Smith said okay and then proceeded to walk around Cashier Carlson's car 3-5 times. Cashier Carlson thought it was odd.

Cashier Carlson heard that Supervisor Smith had dated female coworker at the store before he was hired, but that she also mentioned a preference for younger men so she could boss them around. Cashier Carlson made known at the store that she dated both women and men.

After this incident, Cashier Carlson complained to the store General Manager about the car incident, the touching of his biceps, and other comments made by Supervisor Smith related to the type of anime she prefers. Supervisor Smith apologized to Cashier Carl, but never changed her behavior.

Cashier Carlson told his long-term girlfriend about Supervisor Smith and that she made him feel uncomfortable. Cashier Carlson didn't want to quit working until he found another job, because he needed the money.

After Cashier Carlson complained, Supervisor Smith approached him at his car at least two more time while he was trying to take a nap at lunch. On both occasions, Supervisor Smith was either a revealing top or a short skirt. Supervisor Smith would circle Cashier Carlson's car staring at him. Supervisor Smith made ongoing comments about Cashier Carlson's body and asked him where he went to the gym. Carson Carlson lied and told Supervisor Smith he didn't have a gym membership. Supervisor Smith told Cashier Carlson he looked like he worked out a lot. Supervisor Smith would walk up to Cashier Carlson and squeeze his arm and smile at him randomly on 4-5 occasions.

Supervisor Smith kept on talking with Cashier Carlson and other workers about the pornographic anime that she liked watching on a regular basis. Usually, she would recap the episodes to whoever would listen to her. Someone told Supervisor Smith that Cashier Carlson had attended a religious schools all his life. This caught Supervisor Smith's curiosity and she asked Cashier Carlson if he had ever watched porn. Supervisor Smith offered to show Cashier Carlson some porn to educate him. Supervisor Smith immediately took out her phone and started Googling. Cashier Carlson walked away.

On December 15, 2020, Supervisor Smith went out on medical leave because of a burst appendix. Supervisor Smith was on leave for 8 weeks. During that time, Cashier Carlson felt like he was no longer holding his breath at work. Cashier Carlson also stopped taking naps during lunch. Another employee filled in for Supervisor Smith and just focused on work and store sales.

On February 15, 2021, Supervisor Smith returned to work. Cashier Carlson felt a bit bad for Supervisor Smith due her medical issues. Then Supervisor Smith started up against with all the same behavior as before her medical leave. Supervisor Smith always scheduled Cashier Carlson to work with her, continued recapping episodes of pornographic anime she had watched, randomly touching him on his arm or shoulder (at least 2 times a week), etc.

On April 15, 2021, Cashier Carlson found another job and quit his job at Best Anime Merch Shop #1.

In November 2021, Cashier Carlson was at his family's Thanksgiving event. Cashier Carlson was telling some cousins that he had quit his job at Best Anime Merch Shop #1. They were disappointed, because Cashier Carlson had a deep discount on anime merchandise. Cashier Carlson told them the job wasn't worth it and that Supervisor Smith was weird and stressed him out too much. Cashier Carlson also told him that them that his new job paid overtime and that Best Anime Merch Shop #1 didn't. Cashier Carlson's cousin, an attorney, told him that was illegal and that he should consider suing. Cashier Carlson told him he would think about it.

On January 14, 2022, Cashier Carlson completed a sexual harassment training at his new company. After completing the course, Cashier Carlson reflected on the time spent working at Best Anime Merch Shop #1 and decided to consult an attorney whom he retained.

On February 7, 2022, Cashier Carlson's attorney filed a sex harassment administrative complaint with the federal Equal Employment Opportunity Commission against Best Anime Merch Shop #1 on account of Supervisor Smith's conduct toward Cashier Carlson. The administrative complaint was filed in the State of California. Cashier Carlson received a right to sue letter on the same date.

On March 6, 2022, Cashier Carlson filed suit against Best Anime Merch Shop #1 alleging sexual harassment and a variety of wage and hour claims (including, overtime).

Defense counsel contends Best Anime Merch Shop #1 contends that Supervisor Smith's conduct did not arise to the level of "legal" harassment (even if the behavior could be viewed as inappropriate), because Supervisor Smith never propositioned Cashier Carlson for sex, asked him to go on a date, or threatened him. In fact, Supervisor Smith claims she viewed Cashier Carlson as a little brother and had no sexual interest in him. Defense counsel also claims that he will argue that most of the behavior that Cashier Carlson is complaining about falls outside of the applicable statute of limitations. Defense counsel is also arguing that damages are limited, because Supervisor Smith never retaliated against Cashier Carlson -i.e., even though Cashier Carlson complained about Supervisor Smith, she never cut his hours, wrote him up, or tried to get him fired - instead, Cashier Carlson quit on his accord.

Defense counsel also claims that Cashier Carlson signed an arbitration agreement and that he intends to move to compel arbitration. Defense has advised that all employees are required to sign arbitration agreements as a condition of employment and that Cashier Carlson signed one on this first day of work. Defense counsel has advised that they intend to move to compel Cashier Carlson's case to arbitration. Defense counsel's position is that the arbitration agreement lowers the value of Cashier Carlson's case, because Cashier Carlson won't have the benefit of a runaway jury.

The Arbitration Agreement states in relevant part the following:

"As a condition of employment all Best Anime Merch Shop #1 employees must agree to the following Arbitration Agreement:

I agree that I will submit any legal or equitable claim that I may have against Best Anime Merch Shop #1, whether that claim now exists or arises in the future, to binding arbitration pursuant to the American Arbitration Association Rules & Procedures. Best Anime Merch Shop #1 retains the right to submit any legal or equitable claim that it may have against me, whether it exists now or arises in the future, in court (or, at its election to binding arbitration pursuant to those rules). This Agreement to arbitrate is instead of a trial or proceeding before a court or jury. The Best Anime Merch Shop #1 and you will equally bear the cost of any such arbitration and the arbitrator's daily fees. To expedite the arbitration process, the Parties agree that they are only permitted 20 interrogatories/document requests or a combination thereof per side and 1 deposition per side. Except as otherwise set forth in this Agreement, any party may recover in arbitration any and all damages and relief as may be recovered in court under the statute or common law under which any claims that are asserted arise, provided that neither party to this Agreement shall assert against the other party any claim for exemplary, liquidated, or punitive damages or penalties arising out of the employment relationship, and no arbitrator may award any such damages. The agreements contained in this paragraph any other agreements or understandings on these subjects and cannot be modified except by a later writing signed by me and the Chief Executive Officer of Best Anime Merch Shop #1. I have carefully read, understand, and agree to this Arbitration Agreement and to the Arbitration Standards."

Cashier Carlson's case is current set for trial in November 2023 (unless defense counsel is successful in compelling the case to arbitration). Cashier Carlson has about 30 text messages from Supervisor Smith recommending the types of anime that she prefers for him to watch (but only 3 of these messages were sent after Supervisor Smith returned from medical leave). Supervisor Smith says they were just recommendations from one anime fan to another anime fan. Cashier Carl has also obtained a declaration from a former coworker regarding Supervisor Smith and who she regularly spoke about the types of anime she liked to watch at work. Cashier Carl also learned from this coworker that another male employee had complained about Supervisor Smith the year before Cashier Carlson was hired and that Supervisor Smith was never disciplined. Supervisor Smith claimed (as she does now) that she was just joking around and that she can't believe that a guy would be so sensitive. Supervisor Smith will testify that her last two romantic partners were women and she hasn't been on any dates with men for the last 2 years. Supervisor Smith will also testify that she wasn't interested in Cashier Carlson and that she was just teasing him, because he looked like a "nube" (slang for an inexperienced person).

Best Anime Merch Shop #1's owner really likes Supervisor Smith, because the business became very profitable under her management. Supervisor Smith is still working at Best Anime Merch Shop #1 in her same position. Best Anime Merch Shop #1 did not have an employee handbook or formal policy against sexual harassment during Cashier Carl's employment with them.

• Analyze Cashier Carl's harassment claim under federal law (Title VII). Address any potential issues with his claims and how they may be overcome (if possible).