s/he on Harry's Law

Last night I watched an episode of Harry's Law which had been recorded earlier on my DVR. It left me wondering if I understand the term 'adverse employment action.'

Here's what happened:

Amanda, a beautiful singer who self-describes herself as being "anatomically male," comes to the law firm asking for representation because s/he has been fired. S/he had an affair with the manager. The manager is married with children. His wife found out, and in order to reconcile with his wife, he broke it off with Amanda, and then proceeded to fire her/him so as to reduce his wife's pain (she couldn't stand the idea that her hubby was still working with Amanda.)

Our lawyer writes up a complaint, but doesn't actually file it supposedly in hopes of a settlement before anyone is seriously embarrassed or the children hurt by the publicity. The judge steps in.

The judge wants to hear everything BEFORE the complaint is filed, insisting that she can make a determination on whether it should move forward or not. In the hearing, Amanda admits she has had other employment offers, AND that she has continued to contact the manager (s/he is in love still.) The judge throws the case out because Amanda clearly wants to keep her job because she is in love so there is no adverse employment action.

Did I miss something here? Amanda had an affair with the boss, and when her/his presence was no longer desireable s/he was fired. Is this not an adverse employment action, even if she does have other offers and is still in love with the schmuck? What if this were real life?


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