Please answer Question 2!

FACTS:

Social Spotlight (SS), a social media consultant company hires Arnez to enhance the social media presence of their clients.

One day when Arnez is working late in the office, he meets Kim, the office manager who is also his immediate supervisor. Kim, who uses the pronouns "she/her", finds Arnez, who uses the pronouns "he/him", extremely attractive and starts sending Arnez sexually suggestive emails constantly. Kim also tries to kiss and touch Arnez in a sexual way telling Arnez that if he agrees to give her sexual favors that she will help him get promoted. Knowing that this is against SS company policies and procedures which had been distributed to all employees, Arnez accepts Kim's proposition and engages in sexual relations with Kim.

Several months later, Arnez is promoted to a position that makes him Kim's superior. Arnez decides he wants to end the sexual relationship with Kim which she opposes and tells Arnez that if he ends it, she will make sure he is fired. Arnez still ends the sexual relationship with Kim. Kim then tells a manager in Human Resources about the sexual relationship with Arnez and SS fires Arnez. Arnez then brings a lawsuit against SS.

Answer the following questions:

Question #1. Assume you are the lawyer for Arnez. What are your legal arugments for the lawsuit? Make sure your legal argument includes case law support.

Answer 1: If I were the lawyer for Amez, I would lead a sexual harassment and wrongful termination lawsuit against Social Spotlight. Amez was unlawfully fired because he was forced into a sexual relationship by promise of promotion, by his supervisor Kim. This type of Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Title VII is recognized by the Supreme court as a prohibition against sexual harassment. Amez is dealing with Quid Pro Quo sexual harassment which is a demand for sexual favors by a supervisor from a subordinate in exchange for workplace benefit. Kim was promising a promotion to Amez if he gave her sexual favors, and made it seem like if he did not perform this there would be no way for him to rise in the company. As a supervisor Kim would be well aware of company policies and procedures which prohibits this kind of relationship, yet she chose to use her power and position as a supervisor and intimidate Amez into a sexual relationship. This can also fall under hostile work environment sexual harassment because of the stress Amez was put under by Kim.

After several months of the relationship between Amex and Kim, Amez what promoted into a position as Kim's supervisor. He believed he could finally cut off the relationship with Kim because she was no longer in charge of him and could no longer threaten him. Kim did not want their relationship to end, and out of spite reported this relationship that never should have happened to begin with to Human Resources. Kim fails to report that this relationship was initiated by herself, and Amez is fired by Social Spotlight as a result. Kim was only allowing Amex to keep his job if he continued his sexual relationship with her, which is absolutely job discrimination.

As a result of the lawsuit Amez should be reinstated into the company and receive backpay for the time that her was away. Kim should also be let go from the company for quid pro quo sexual harassment and misconduct.

Question #2. Respond to Answer 1. Assume you are a lawyer and SS comes to you seeking legal advice. They give you the post you read as the case against them. What is your legal advice to SS? What legal considerations help SS in the case against Arnez, and what legal considerations do not help SS?