She probably would have won the case if she had pursued it as a sexual harassment case. Why they chose to go with gender bias instead of sexual harassment is beyond me.
However, if she never complained about his behavior, then it probably didn't qualify as sexual harassment. Especially if she was participating in the flirting.
I'm not saying she would have won a sexual harassment case because she had a valid complaint, however. I just know she would have won because she's a woman charging a man with sexual misconduct, so the rule of "innocent until proven guilty" doesn't apply. If you're a man charged with any sort of harassment, misconduct or abuse by a woman, then you're guilty until proven guilty. That's how backwards our judicial system has become.