Topic 1: FMLA Issues.

Topic 1: FMLA Issues
Memorandum
To: Mr. A
From: Mr. C
CC: Ms. B
Date: June 12, 2019
Subject: Joe’s request for unpaid leave
The Federal FMLA allows leave to care of parents/guardians but does not include grandparents
(Yang & Gimm, 2013). Under the California FMLA, we are obligated to provide Joe 6 weeks of
paid leave or up to 12 weeks of unpaid leave (subject to his previous leave record) and retain his
job (Guerin, n.d.).
I suggest retaining his job and granting Joe six weeks of unpaid leave.
Thank you
Topic 2: BFOQ and Business Necessity Defenses
Mr. H and Mr. M
BFOQ and Business Necessity defenses are limited provisions available against discrimination
against employees. BFOQ allows for discrimination if the job requirements require a specific
age, gender, race or national origin while business necessity defense can be used to prove that
certain qualifications are required to conduct business successfully.
I agree with the premise in the Third Circuit Court of Appeals case of Healy v. Southwood
Psychiatric Hospital, wherein the BFOQ carried because the Judge ruled that victims of abuse
would be more comfortable with female aides than males (Cavico & Mujtaba, 2016). The
gender of the workers would make a difference in the comfort of the patients which should be
the topmost concern of their jobs.