You work as head of HR at a multinational, publicly-traded company that employs thousands of employees. The company has a board of directors. It is private. It is headquartered in Hollywood, California. The company is a media conglomerate with holdings in social media platforms, newspaper print media, and television stations. The company is very diverse overall, but specific departments are homogenous, e.g., the newspaper print media is older, whiter, etc., than the social media division, which has many more diverse employees who self-identify as LGBTQ+, disabled, minority, immigrant, from disadvantaged socio-economic backgrounds, etc.

Concerned about the lack of diversity across divisions, the new VP of Operations has decided to integrate the various divisions based on the topic rather than the platform. Going forward, rather than a newspaper print media department, the Company will have a sports department that will provide content for the social media platforms, newspaper print media, and television stations, etc. The Company will have various other departments, e.g., celebrity news, technology, race and social relations, crime, environment, politics, etc. The goal of the VP's new initiative is to reduce the lack of departmental diversity.

The newly-appointed head of the sports department is an employee with 30 years of employment at the company. He is a white, Anglo-Saxon, heterosexual Protestant from a wealthy New England scion family. Two weeks after the announcement of the new initiative and announcement of the new heads of the various departments, an intern walks into your office . . .

The intern is assigned to the sports department. The intern says that she is concerned about the sports department and is uncomfortable with her internship there because, in an effort to integrate with the department, she added various colleagues from LinkedIn and other social media sites, including the newly-appointed head of the sports department.

After linking in with the head of the sports department, the intern discovered that the newly-appointed head is an active participant on alt-right web platforms. She investigated his postings on private, dark web platforms and found the following post:

I am sick and tired of all the political correctness. I have been part of a top-notch sports department for 30 years. We only accepted the best of the best. It did not matter what skin color you were or where you were from as long as you worked hard and did good work. Now, by consolidating our department with social media and other departments, our company is more concerned with having a department that looks like the color of the rainbow and has boys who like boys and girls who like girls and boys who do not know if they are boys and girls who use the boys' bathroom so that we can check diversity boxes. Because of all of this, our new mega-department produces worse content and cannot produce subjective opinion pieces on any topic for fear of offending someone or something or someone who thinks that he or she or they are something. Ridiculous.

Please draft a memorandum to the in-house legal counsel for the company that analyzes what the Company must or should do in response to the information that the intern brought forth. Please include an analysis as to whether the Company must or should or can take adverse employment action (e.g., discipline, termination, etc.) against the head of the sports department. Please analyze the risks and benefits of any possible or recommended approaches to handling the intern's information.