The Women Of Amazon Studios' The Boys Offer Lessons On Title VII Retaliation

Piggybacking off my colleague Tim Reed's recent post providing the background/plot and discussing employer liability issues in Amazon Studios' The Boys, I am happy to continue expounding upon the various employment law issues that arose in season one. The series presents an interesting and unique perspective on the emotional, legal, and monetary effects of the commercialization of superheroism, and I admittedly binge-watched it. I promise it was mostly for research purposes.

Until I researched further, my general opinion of Starlight's powers was that she was unusually strong and could manipulate light, similar to X-Men's Storm, who can manipulate weather (particularly lightning). However, per FANDOM, she has the ability to absorb electricity around her to fuel her powers, which include shooting intense bright light from her hands.

On the show (which FANDOM indicates differs greatly from the comics), Starlight was raised religiously and appeared socially inexperienced and naïve. Though powerful, she was demure and humble. Her dream was to be a part of The Seven, and that dream was realized. She was admitted into The Seven early in the season.

Spoiler Alert

Upon her early introduction to the Deep (similar to Justice League's Aquaman)—one of The Seven—she was sexually assaulted. Following a heartfelt conversation with Hughie, one of The Boys, she decided to publicly reveal this incident at a religious retreat during her keynote speech.

While Starlight's revelation was empowering to her and other women, much to Vought International's (founder of The Seven and manager of the Supes) dismay, there was also backlash against the organization. After Starlight's revelation, Madeline Stillwell, manager of Vought, directed Starlight to wear a more revealing leotard as her new uniform, and Starlight refused.

Stillwell then threatened to remove Starlight from The Seven, and Starlight responded that such action will be viewed as retaliation for revealing the sexual assault. To make a long story short, she was not terminated, and the Deep was reassigned from the big city to Sandusky, Ohio.

But what if she had been terminated, suspended, or reassigned (in lieu of the Deep) to Sandusky?

Starlight would need to establish a prima facie case of retaliation. A prima facie...