Evaluating the Disparate Impact of FMLA

Evaluating the Disparate Impact of FMLA

This memorandum evaluates whether the exclusions under the Family and Medical Leave Act (FMLA) disparately impact protected groups. The analysis leans on recent data, which indicates the high potential that FMLA has a disparate impact on certain marginalized groups.

The Family and Medical Leave Act was designed to provide job security and leave entitlements for employees needing to take time off for personal medical reasons, to care for a newborn, or to care or immediate family members with serious illnesses. This memorandum evaluates whether the exclusions under FMLA disparately impact protected groups. The analysis leans on recent data, which indicates the high potential that FMLA has a disparate impact on certain marginalized groups.

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