JOSEPH HARPER WAS A cook at the hilltop resort hotel. He was 61 years old and had been employed by the resort for over 25 years. Sandra Shana was the new human resource director for the facility. As part of her duties, Ms. Shana conducted the hotel's sexual harassment training program for all new employees, as well as management. The training sessions used up-to-date material provided by the resort's national trade association, and Sandra worked hard to evaluate the effectiveness of the training for both employees and management. Mr. Harper attended three training sessions in the space of five years. When he was approached by Ms. Shana to schedule another training session he stated, "I don't know why I have to go through this again. It's nonsense and a waste of time. I have gone three times, and it's dumber each time I attend!" Mr. Harper had been heard to make similar comments each time he attended the training sessions, and once even challenged the trainers about the "political correctness" of the training. In addition, he had been heard making similar comments in the employee breakroom while other employees were in the room. No staff member of the resort had ever formally accused Mr. Harper of sexual harassment, however. The hilltop resort stated in its employee manual that is an "at-will" employer.

1. As the human resource director, would you recommend either the discipline or termination of Mr. Harper based on his comments?

2. If the resort, and Mr. Harper specifically, were named in a guest-initiated lawsuit alleging harassment, and found liable, would you recommend disciplinary action against the human resource director or the resort's general manager for failing to act?

3. Does Mr. Harper have the right to openly express his opinion about the resort's harassment training while at work?