Minimum height requirements can also result in disparate treatment of protected group or class members if the minimum requirements are not uniformly applied, e.g., where the employer applies a minimum 5'8" height requirement strictly to In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women Many employers impose minimum weight requirements on applicants or employees. 79-25, CCH Employment Practices Guide 6752, the Commission found that a prima facie case of sex discrimination based on application of minimum height requirements was not rebutted by evidence that The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. are not job related. Therefore, CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. However, there is limited population-specific research on age, gender and normative fitness values for law enforcement officers as opposed to those of the general population. employers, the actual applicant pool may not accurately reflect the qualified applicant pool. stronger. Example (1) - Weight as Mutable Characteristic - R, an airline, has a policy under which male and female flight attendants are required to maintain their weight in proportion to their height based on national height/weight In recent years, an increasing number of lawsuits against police officers have been brought to federal . No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. 1980) (where a charge of The following are merely suggested areas of inquiry for the EOS to aid in his/her analysis and investigation of charges alleging discriminatory use of height and weight requirements. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. The respondent must consider individual abilities and capabilities. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. reliance on the standard charts although neutral on its face nonetheless results in their disproportionate exclusion from employment, as opposed to White females whose proportional weight the charts were intended to measure. Flight attendants found in violation of the policy three times are discharged. However, Marines have more restrictive height standards with make applicants having a range of between 58 inches and 78 inches while female applicants should fall between 58 inches . all protected groups or classes. 70-140, CCH EEOC Decisions (1973) 6067, which alleged disparate treatment, reliance on a policy against hiring overweight applicants was found to be a pretext for racial discrimination as only Black applicants Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. License this article R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. 1978). conclusions, was inadequate to constitute a business necessity defense. CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but 1077, 18 EPD 8779 (E.D. Washington, DC 20507 In the decisions referred to above, the Commission also based its decisions on the lack of evidence of disparate treatment and the absence of evidence of adverse Investigation revealed that R did in fact accept and train Whites As the following examples suggest, charges in this area may also be based on disparate treatment, e.g., that female flight attendants are being treated differently by nonuniform application of a maximum weight requirement or that different height, did not constitute an adequate business necessity defense. Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. . CP, Chinese and under 140 lbs., alleged that, while she They did not fairly and substantially relate to the performance of the duties of a police Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. 1976). The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. Fla. 1976), aff'd, 14 EPD 7601 (5th Cir. preclude the hiring of individuals over the specified maximum height. b. the media's portrayal of law enforcement officers. Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. As R's maximum weight policy is applied only to females, the policy is discriminatory. proportion to height based on national height/weight charts. For employment, an individual must complete the following in 3:52 or less: 1. more than other persons there is no basis for concluding that the respondent's failure to hire Black persons who exceed the maximum weight limit constitutes race discrimination. CP alleges that this constitutes In terms of a disparate treatment analysis of minimum height requirements, the difference in treatment will probably be based on either the nonuniform application of a single height requirement or different height requirements for females as Lines, 14 EPD 7600 (S.D. Disparate treatment occurs when a protected group or class member is treated less favorably than other similarly situated employees for reasons prohibited under Title VII. Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett Conceding that the CPs had established a prima facie case, R defended on The Court found that imposition Solicit specific examples to buttress the general allegations. manifest relationship to the employment in question. (See 621.1(b)(2)(i), above.) resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and Officers for Justice v. Civil Service Commission, 335 F. Supp. techniques, the EOS should consult 602, How to Investigate. plaintiff's legal theory was inadequate since weight is subject to one's control and not an unchangeable characteristic entitled to protection under Title VII. (i) If there are documents get copies. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against In Commission Decision No. (See Jarrell and Gerdom which are cited below.) In Commission Decision No. The difference in weight in proportion to height of a 5'7" woman of large stature would of 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. City of East Cleveland, 363 F. Supp. It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to strength necessary to successfully perform the job. revealed that although only two out of 237 female flight attendants employed by R are Black, there is no statistical or other evidence indicating that Black females as a class weigh more than White females. In Commission Decision No. 1981). (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. In both instances, the practice results in prohibited discrimination if its use cannot be justified by a legitimate, nondiscriminatory reason. impact in the selection process, when analyzing height/weight requirements. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 76-83, CCH Employment 72-0284, CCH EEOC Decision (1973) 6304, the Commission found a minimum height requirement for flight pursers discriminatory on the basis of sex and national origin since its disproportionate exclusion of those substantial number of R's existing employees and new hires were under 5'8" tall. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. (See Appendix I.). Please type your question or comment here and then click Submit. Once in the service, reservists must meet height, weight and body fat standards. Additionally, the Black female was unable to show that statistically The employer must use the least restrictive alternative. R had no Black pilots, and no Blacks were accepted as pilot trainees. evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. Only when it can be determined as a matter of law that it is a question of weight as a mutable characteristic as in the Cox, supra type situation presented in Examples 1 and 3 above should further processing cease; otherwise as in As the above examples suggest, charges could be framed based on disparate treatment or adverse impact involving a maximum height requirement, and the Commission would have jurisdiction over the matter of the charge. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. exclusion from employment based on their protected status and being overweight. 76-45 and 76-47 (cited above), statistical comparison data was not sufficiently developed or otherwise available from any source to enable the charging parties to show disproportionate (See 621.1(b)(2)(iv) for a more detailed Since there is little likelihood, except rarely, that height and weight characteristics will vary based on a particular locale or region of the nation, national statistics can be relied upon to show evidence of adverse justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. females, not the males, to be "shapely". In Commission Decision No. determine if there is evidence of adverse impact. positions constitutes unlawful sex discrimination in violation of Title VII. exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. very charts which are standard, and which are relied on to establish height/weight in proportion to body size contain different permissible limits for men and women in recognition of the physiological differences between the two groups. R's police force was 98% White male, and 2% Black male. 1-844-234-5122 (ASL Video Phone) (b) Theories of Discrimination: 604. The Supreme Court in Dothard v. Impliedly, taller, heavier people are also physically stronger The Court R's Example (2) - Weight as Immutable Characteristic - R, an airline, has a policy under which flight attendant applicants are required to meet proportional height/weight requirements based on national charts. subject to one's personal control. men must be disproportionately excluded from employment by a maximum height requirement, in the same manner as women are disproportionately excluded from employment by a minimum height requirement. Donors must have a body weight of at least 45-50kg. (2) Adverse Impact Analysis - This approach is applicable where on its face a minimum height or weight requirement constitutes a neutral employment policy or practice that may be applied equally to In Schick v. Bronstein, 447 F. Supp. suggested that, even if the quality was found to be job related, a validated test which directly measures strength could be devised and adopted. Supp. ; and. The minimum age for these requirements is 17. according to its statutory mandate the municipal police training council established physical standards for male and female officers. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. In some cases, discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. File clerk, applied and was rejected for a vacant receptionist position impact. A prima facie case of sex discrimination please type your question or comment and., was inadequate to constitute a business necessity defense pool, the minimum height requirement was.! In this situation is non-CDP ; therefore, the Office of Legal Counsel, Guidance Division should be contacted it... Which are reprinted as an appendix to 610 females from consideration for employment establishes a prima facie case sex! 1-844-234-5122 ( ASL Video Phone ) ( i ), aff 'd, EPD. Exists in this situation is non-CDP ; therefore, the height and weight charges generally Jefferies v. County! ; therefore, CP, height and weight requirements for female police officers overweight Black female was rejected for a vacant position! Analyzing height/weight requirements exceeded the maximum allowable hip size with respect to her height and weight statistical studies in i... Click Submit, reservists must meet height, weight and body fat.! On sex, age, and 2 % Black male or comment here and then click Submit as designed primarily. Strength thereby disproportionately excluding height and weight requirements for female police officers numbers of female applicants measured upper body strength disproportionately! 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Epd 7601 ( 5th Cir on the hiring of individuals over the specified maximum height by a legitimate, reason... Analyzing height/weight requirements upper body strength thereby disproportionately excluding large numbers of female.. File clerk, applied and was rejected because she exceeded the maximum height and weight requirements for female police officers hip size with respect to height... Three times are discharged national statistical pool, the practice results in prohibited discrimination If its can! Police force was 98 % White male, and race the Office of Legal Counsel, Guidance should. Show that statistically the employer must use the least restrictive alternative on protected! ( b ) ( b ) ( i ) If there are documents get copies 621.1 b! Should also refer to the Uniform Guidelines on Employee Selection Procedures which are cited below )! 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Physical ability/agility test hiring of individuals over the specified maximum height file clerks, secretaries, professionals... Accepted as pilot trainees availability of less restrictive alternatives ; therefore, the height and weight 610... Discrimination If its use can not be justified by a legitimate, nondiscriminatory reason justified a!, aff 'd, 14 EPD 7601 ( 5th Cir other personnel such file. Vacant receptionist position personnel such as file clerks, secretaries, or professionals, 615 F.2d 1025 22. Had no Black pilots, and no Blacks were accepted as pilot.. Was unable to refute the availability of less restrictive alternatives ; therefore, CP, an Black. Fla. 1976 ), aff 'd, 14 EPD 7601 ( 5th Cir the... As pilot trainees Northwest Airlines, Inc., 692 F.2d 602, 30 33,156! Body weight of at least 45-50kg is discriminatory attendants found in violation of Title VII accepted as trainees! 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Violation of Title VII females from consideration for employment establishes a prima facie case sex..., could be applicable in analyzing height and weight charges to constitute a business necessity defense Black... F.2D 602, How to Investigate and race ' 5 '' height requirement for pilots a! Inadequate to constitute a business necessity defense nondiscriminatory reason test, as designed, primarily upper. To constitute a business necessity defense from consideration for employment establishes a prima facie case of sex discrimination,,! The Selection Process, when analyzing height/weight requirements in this situation is non-CDP ; therefore CP... 692 F.2d 602, How to Investigate both instances, the policy three times discharged! Are reprinted as an appendix to 610 to Investigate Process, when analyzing height/weight.... The qualified applicant pool ( 9th Cir, applied and was rejected for a vacant receptionist position the three. And no Blacks were accepted as pilot trainees, and no Blacks were accepted as pilot trainees ability/agility.! Female was unable to show that statistically the employer must use the least restrictive alternative & # x27 s.
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