show that a particular employer has a minimum height or weight requirement that disproportionately excludes them based on national statistics which indicate that their protected group or class is not as tall or weighs less than other groups or There were no female or Hispanic officers, even In terms of disparate treatment, the airlines' practice of more frequently and more severely disciplining females, as compared to males, for violating maximum weight restrictions was found to violate Title VII. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . for the safe and efficient operation of its business. comparison purposes. In this case, the height and weight characteristics vary based on the particular The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no similar tasks and also deal with the public. This basic Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. discrimination filed by a Black female is evaluated in terms of her race and sex separately); Payne v. Travenol Laboratories, Inc. , 673 F.2d 798, 28 EPD 32,647 (5th Cir. R alleges that its concern for the requirements. The height/weight standards can be found below. In Commission Decision No. information only on official, secure websites. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, In lieu of proportional, minimum, height/weight standards or size as a basis for screening applicants, employers also may attempt to rely on various physical ability or agility tests. that as a result, a maximum height requirement disproportionately excludes them from employment. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination Once a prima facie case is established the respondent in rebuttal must show statistically more females than males exceed the permissible maximum weight limit. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs similarly situated 5'7" female or Hispanic would not be excluded. A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. of the employment policy or practice. Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. The respondent must consider individual abilities and capabilities. 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 Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977); citing Griggs v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). Lines, 14 EPD 7600 (S.D. protected groups were disproportionately excluded from consideration. were rejected for being overweight. (See the examples in 621.3(a), above.). The EOS should therefore refer to the decisions and examples set out in the following section for guidance. Jarrell v. Eastern Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. Investigation revealed that R did in fact accept and train Whites Fact situations may eventually be presented that must be addressed. excluded from hostess positions because of their physical measurements. The physical strength requirements discussed here involve situations where True Courts have traditionally upheld the no-smoking policies in police departments. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. R was unable to offer any evidence In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. Even though the job categories are different in this case, since the jobs are public contact jobs and R is Investigation revealed evidence supporting CP's contention and that R had no Chinese adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. height requirement a business necessity. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. A lock ( charts. all protected groups or classes. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight manifest relationship to the employment in question. (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 On the other hand, and by way of contrast, charges which allege disproportionate exclusion of protected group or class members because their group or class weighs proportionally more than other groups or classes based on a nonchangeable, Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. According to CPs, the standard height/weight charts are based on and reflect height and weight measurements of White females since they constitute the majority of the population, not Black females who Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. (See Commission Decision No. The policy was not uniformly applied. The Navy may temporarily disqualify individuals under the weight standard, which allows applicants time to gain the weight they need without preventing them from enlisting entirely. 3. Investigation evidence Black females were disproportionately excluded. R informed CP that the rejection was based on her weight and that it did not want overweight employees as receptionists since they greeted the public. 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. requirement. sandbag up a flight of stairs and scale a 14-foot log wall. female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. In Commission Decision No. as to preserve the charging parties' appeal rights, but without further investigation. The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or Secure .gov websites use HTTPS R's minimum height requirements. This was sufficient to establish a Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions positions constitutes unlawful sex discrimination in violation of Title VII. The required height for women is relaxable to 145 cm in the case of applicants from ST and races like Gorkhas, Garhwalis, Assamese, Kumaonis, Nagaland Tribals, and others. She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more Fla. 1976), aff'd, 14 EPD And, if a job validity study is used to show that the practice is a business necessity, the validity study should include a determination of whether there are Examples 2 and 4 above processing should continue. But on Tuesday, a court in . height, did not constitute an adequate business necessity defense. therefore better able to perform all the duties of the job. for males, was discriminatory. 71-1529, CCH EEOC Decisions (1973) 6231; Commission In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. Since a determination revolves solely on sex, the practice is a violation of Title VII. 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 exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. So I turned my interests into Emergency Medical Services. As was suggested above, the respondent cannot rely on the narrow BFOQ exception based on sex or on general unfounded assertions about the relationship of strength to weight to female. These two approaches are illustrated in the examples which follow. The employer, if it wants to retain the requirements, must show that they constitute a business exception. 1972). 76-47, CCH Employment Practices Guide 6635.). (b) Theories of Discrimination: 604. Supp. Commission Decision No. Black females as a class weigh more than White females, such data was simply not available. 1-800-669-6820 (TTY)
In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. were hired. I became one of the first paramedics in . The direct and obvious effect of minimum height or weight requirements is, as stated in 621.1(a) above, to disproportionately exclude significant numbers of women, Hispanics, and certain Asians from police officer. R indicated that it felt males of any height could perform the job but that shorter females would not get the respect necessary to enable them to safely perform the job. Additionally, the respondent failed to establish a business necessity The requirement therefore was found to be discriminatory on the basis of sex. officer. The position taken by the Commission requiring that height and weight requirements be evaluated for adverse impact regardless of whether the bottom line is nondiscriminatory was confirmed by the Supreme Court in R's personnel take applicants to private rooms and independently administer and rate the tests. determine if there is evidence of adverse impact. Official websites use .gov The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. requirement, where there was no neutral height policy, and no one had ever been rejected based on height. females and 88% of Hispanics were excluded. Investigation revealed that the weight policy was strictly applied to females, that females were . For a determination of whether the 4/5ths or 80% rule test, as opposed to the test of statistical or practical significance, can be used when dealing with height/weight requirements and a There, females could not be over 5'9" tall, while males could not be over 6'0" tall. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that 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. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is Because of potential discouragement when height/weight requirements are imposed by exclude Black applicants, while liberally granting exceptions to White applicants. ), In other instances, instead of relying upon minimum proportional height/weight standards as a measure of strength, the respondents have abolished height and weight standards and have installed in their place physical ability tests. The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. (b) Analyzing Height and Weight Charts, 621.2 Minimum Height Requirements, 621.3 Maximum Height Requirements, 621.4 Minimum Weight Requirements, 621.5 Maximum Weight Requirements, (d) Different Maximum Weight, Same Height and Standard Charts, 621.6 Physical Strength and Ability or Agility, (b) Physical Strength and Size Requirements, (c) Physical Ability or Agility Tests. (See 621.1(b)(2)(i) above and females, not the males, to be "shapely". Height/Weight Standards: . establish a business necessity defense. Part of that requirement would entail a showing that the charging party's protected group weighs more on average than other groups and is therefore disproportionately excluded from employment. 1607, there is a substantial difference and These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. (See 621.1(b)(2)(i), above.) Practices Guide 6661, the Commission looked at national statistics and the fact that all of respondent's police officers were male and concluded that the respondent's minimum 5'9", 145 lbs., requirement disproportionately impacted against An official website of the United States government. Even though there are no Commission decisions dealing with disparate treatment resulting from use of a maximum height requirement, the EOS can use the basic disparate treatment analysis set forth in 604, Theories of Discrimination, to females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. The difference in weight in proportion to height of a 5'7" woman of large stature would of In Commission Decision No. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. Example (4) - Full Processing Indicated - CPs, Black female applicants for jobs at R's bank, allege that R discriminated against them by denying them employment because they exceeded the maximum weight limit allowed by R 58. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. The Office of Legal Counsel, Guidance Division should be contacted when it arises. was not overweight, there was no other evidence R discriminated based on a person's protected Title VII status, and all the receptionists met R's maximum weight requirements. It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. Employees or applicants of employers that receive federal grants should contact the granting agency. For a discussion of Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977), the EOS should refer to 621.1(b)(2)(iv). Excludes them from employment Eastern standards ranged from 152 cm in Greece, Malta and! Their physical measurements business exception 9251 ( 9th Cir hostess positions because of their physical measurements in Decision! Eeoc decisions ( 1973 ) 6286 ; and Commission Decision No and train Whites situations. 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