; (B) the number of hours of work per day; (C) the number of days of work per week; (D) the location where the employee performs the work; and (E) any unpaid time off the employee desires to take. (2) Nonretaliation (A) In general An employer shall not discharge or in any other manner discriminate against an employee for making a request described in paragraph (1). (B) Motivating factor Unlawful discharge or discrimination against an employee is established under subparagraph (A) when the complaining party demonstrates that the request described in paragraph (1) was a motivating factor for such discharge or discrimination, even if such discharge or discrimination was also motivated by other factors. (3) Response (A) In general An employer shall respond to a request described in paragraph (1) by either granting the request in full or providing the employee with a written justification for any portion of the request that the employer denies based on a compelling business necessity. (B) Review by Secretary If the employer does not grant a request described in paragraph (1) in full, the employee may request review by the Secretary. The Secretary may— (i) issue an order to overrule the employer’s denial of the employee's request, or any portion of the employee’s request, if the Secretary finds that the employer does not have a compelling business necessity for the denial; or (ii) issue an order to confirm the employer's denial of the employee's request, or any portion of the employee's request, if the Secretary finds that the employer has a compelling business necessity for the denial. (C) Appeals (i) In general An aggrieved employer or employee may— (I) appeal an order of the Secretary under subparagraph (B) to an administrative law judge