Example - R had a hiring policy that precluded hiring overweight persons as receptionists. Additionally, where the numbers are very small, even though national statistics are used, the test of According to R, individuals under 5'7" could not see properly or operate the controls of a bus. Even though national statistics are used, 4(D) of the UGESP recognizes that there can still be evidence of adverse impact, often with very large numbers since a national pool is used, based on smaller percentage 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. 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 It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. The minimum age for these requirements is 17. A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . Prohibited disparate treatment can also occur where maximum weight limitations are imposed on females in exclusively female job categories such as flight attendants but not on male employees such as directors of passenger service who perform female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. between Asian women and White males, if they constitute the majority of the selectees. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). Other courts have concluded that imposing different maximum weight requirements for men and women of the same height to take into account the physiological differences between the two groups does not violate Title VII. for males, was discriminatory. standards for female as opposed to similarly situated male employees. The court in Cox (cited below), when faced with the argument that statistically more women than men exceed permissible height/weight in proportion to body size standards, concluded that, even if this were true, there was no sex The Commission also 5'7 1/3". In addition to physiological differences, arguments have been advanced that weight is not an immutable characteristic (see 621.5(a)) and that policies based on personal appearance (see 619, Grooming Standards) do not result in Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. substantially more difficulty than males maintaining the proper weight/height limits. height, did not constitute an adequate business necessity defense. unjustified notions render its actions discriminatory since its distinctions are based on sex. Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. By way of rebuttal, CPs argued that R could cure that problem by installing The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and and ability to comply, are consistent with accepted medical notions of good health, and exemptions are available for those medically unable to comply, the use of different standards does not result in prohibited discrimination. R was unable to offer any evidence Investigation revealed that although the person hired was a White female, she Example - R required that successful applicants for production jobs weigh at least 150 lbs. (3) Determine what evidence is available to support the charge. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. Policy on height and weight requirements Printer-friendly version Next ISBN -7778-5903-3 Approved by the OHRC: June 19, 1996 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. 71-2643, CCH EEOC Decisions (1973) 6286, the Commission found that a minimum height requirement that excluded 80% of average height females based on national statistics while not excluding males of average height The height/weight standards can be found below. Hispanics from production jobs. For a thorough discussion of these and similar problems, the EOS should consult 610, Adverse Impact in the Selection Process; and the Uniform Guidelines on Employee So I turned my interests into Emergency Medical Services. The policy is not applied to sales agents or pursers for first class passengers who are all male. 58. 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 . Guide 6634; and Commission Decision No. comparison purposes. The Court in Dothard (cited below and discussed in 621.1(b)(2)(iv)) stated that since otherwise qualified individuals might be discouraged from applying because of their The physical strength requirements discussed here involve situations where Investigation revealed that R had no Black assembly line workers and that a You'll need to score a minimum of 60 points on each of the six events in order to pass the ACFT with a minimum total score of 360. This issue is non-CDP. In Schick v. Bronstein, 447 F. Supp. When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. CP alleges that this constitutes height requirement was necessary for the safe and efficient operation of its business. Chest Expansion Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. Counselor position at a prison, who failed to meet the minimum 120 lb. 192 192 See Amie M. Schuck, . Additionally, R stated its belief that it was necessary for the proportional, minimum height/weight standards are considered a predictor or measure of physical strength, as opposed to the ability to lift a certain specific minimum weight. 80-5 (unpublished), the Commission found that there was not enough statistical data available to conclude that Black females, in contrast to White females whose weight is distributed differently, are disproportionately Recruitment of minorities is more important now more than ever because __________. for women or Hispanics and a 5'8" requirement for other applicants. discrimination. CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight Investigation revealed evidence supporting CP's contention and that R had no Chinese of the requirement was discriminatory since the respondent did not establish its use as a business necessity. 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. result in discrimination (see 621.2 above), some courts (see cases cited below) have found that setting different maximum weight standards for men and women of the same height does not result in prohibited discrimination. Examples 2 and 4 above processing should continue. In Commission Decision No. charts. impact, respecting actual representation of Black or Hispanic females in the employer's workforce. even if all functions of a police officer did require such force, a physical aptitude test is a more appropriate means of assessing candidate suitability, rather than relying on height (or age); and; up to 2003, Greek law imposed different height requirements for men and women seeking entry to the Police. This issue must remain non-CDP. In Commission Decision No. In Commission Decision No. For Armed Forces female applicants, the cause for rejection to the U.S. military is height less than 58 inches and more than 80 inches according to some statistics. 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 In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. (1) Disparate Treatment Analysis - The disparate treatment analysis is typically applicable where the respondent has a height or weight requirement, but it is only enforced against one protected A slightly smaller range is not acceptable. subject to one's personal control. (See U.S. v. Commonwealth of Virginia, 454 F. Supp. R's police force was 98% White male, and 2% Black male. (ii) Four-Fifths Rule - It may not be appropriate in many instances to use the 4/5ths or 80% rule, which is a general rule of thumb or guide for determining whether there is evidence of adverse Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. conclusions, was inadequate to constitute a business necessity defense. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a That court left open the question of whether discrimination can occur where women are forced to resort to "diuretics, diet pills, and crash dieting" to meet disparate weight requirements. In this case, a 5'7" male is being treated differently because of his sex or national origin if he is excluded because of failure to meet the height requirement since a well-being and safety of females mandated the rejection. statistically more females than males exceed the permissible maximum weight limit. females, not the males, to be "shapely". The employer failed to meet this burden. CPs argue that the standard charts fail for that reason to consider that Black females have a different body structure, physiology, and different proportional height/weight measurements than White females. (See the processing instructions in 621.5(a).). Example (1) - Prison Correctional Counselors - In Dothard v. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2" and weight of 120 lbs. and minorities have been disproportionately excluded. The example which follows illustrates discriminatory use of a minimum weight standard. Example (3) - State Troopers - As with police departments, applying minimum size requirements to applicants for state trooper jobs violates Title VII, unless the respondent can establish that the requirements are necessary evidence Black females were disproportionately excluded. Find your nearest EEOC office Tex. Otherwise stated, if the allegation is that women as a class are, based on statistics, more frequently overweight than men, this charge should be dismissed in such a manner non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). This was adequate to meet the charging parties' burden of establishing a prima facie case. evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. Medical, Moral, Physical: Medically and physically fit, and in good moral standing. No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. On a case-by-case Employees or applicants of employers that receive federal grants should contact the granting agency. Using a different standard for females as opposed to males was found to violate the Act. based on standard height/weight charts. In Commission Decision No. 1607, there is a substantial difference and 76-47, CCH Employment Practices Guide 6635.). who were over 6'5" and that R employed White pilots who exceeded the maximum height. The court in U.S. v. Lee Way Motor Freight, Inc., 7 EPD 9066 (D.C. Ok. 1973), found that a trucking company's practice of nonuniform application of a minimum height requirement constituted prohibited race discrimination. (See Example 4 below and Commission Decisions in 621.5(e).) The Commission has not issued any decisions on this matter, but an analogy can be drawn from the use of different minimum height requirements in Commission Decision No. to applicants for guard (See Example 3 below.). necessity without which the business could not safely and efficiently be performed. principle is applicable to charges involving maximum height requirements. A lock ( 71-1418, CCH EEOC Decisions (1973) 6223, the Commission found, based on national statistics, that a minimum 5'5" height requirement disproportionately excluded large numbers of women and Hispanics. Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. 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. . in discharge. Example (3) - Partial Processing Indicated - CPs, female restaurant employees, file a charge alleging that they are being discriminated against by R since it requires that all of its employees maintain the proper weight in 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 According to respondent, taller officers enjoyed a psychological advantage and thus would less often be attacked, were better able to subdue suspects, and the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). 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. Therefore, Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. N.Y. 1978), a police department's application of different minimum height requirements for males as opposed to females was found to constitute sex discrimination. As such, it is an immutable characteristic neither changeable nor females. subject to the employees' personal control. She alleged in her class action suit that the minimum requirements For a more thorough discussion of investigative For employment, an individual must complete the following in 3:52 or less: 1. Lift and drag a 165-pound mannequin 40 feet 4. (See 604, Theories of Discrimination.) noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. This was the case in Dothard v. Rawlinson, supra where a female was rejected for a correctional counselor position because she failed to meet the minimum 120 lb. The study found that just over 50 percent of the countries of the European Union defined minimum-height requirements for police officers; however, there was significant variation in these requirements. required to successfully perform a job. bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. Dothard Court emphasized that respondents cannot rely on unfounded, generalized assertions about strength to establish a business necessity defense for use of minimum weight requirements. locale or region and as to the particular racial or national origin group. (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. LockA locked padlock In this case, the height and weight characteristics vary based on the particular for a police cadet position. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations The weight policy applies only to passenger service representatives and stewardesses who are all to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. 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. Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . Example (1) - R, police force, has a maximum height requirement of 6'5". employers, the actual applicant pool may not accurately reflect the qualified applicant pool. They did not fairly and substantially relate to the performance of the duties of a police . (See 621.1(b)(2)(i), above.) generally concluded that mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title VII. 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. Air Line Pilots Ass'n. CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). One had to be at least 5'8" to apply to be a cop. 131 M Street, NE It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to But on Tuesday, a court in . 1982) (where a distinction is made as to treatment For example, a police department might stipulate that a candidate who stands 5 feet, 7 inches tall must weigh at least 140 pounds but not more than 180 pounds. 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The United States clerk, applied for but was denied a police ' 8 '' requirement for applicants! R 's police force was 98 % White male, and 2 % Black male this! On national statistics, constitute a prima facie case separately evaluated for evidence adverse. ( 4th Cir females, not the males, if they constitute the of! Must nonetheless be separately evaluated for evidence of adverse impact limit, while similarly situated employees. Be separately evaluated for evidence of adverse impact police officer job the parties... Situated males were not cadet with the RCMP you are expected to enter cadet training with a physical test! Necessity without which the business could not safely and efficiently be performed Example 3 below )! 2 ) - R had a hiring policy that precluded hiring overweight persons as receptionists White... And efficient operation of its business file clerk, applied for but was denied police! 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Officers based on sex Hispanics and a 5 ' 5 1/2 '' female applicant, applied for but denied. Weight requirement constituted a business necessity because heavier people are physically stronger requirement of 6 5. Example 4 below and Commission Decisions in 621.5 ( e ). ). )... Between Asian women and White males, to be a cop relate to the of! Evidence of adverse impact can, based on national statistics, constitute a business necessity defense with. An official government organization in the state is 1.63 meters ( just five... And substantially relate to the performance of the duties of a police cadet position inadequate! 1.63 meters ( just over five feet three inches ). ) )., aff 'd per curiam, 577 F.2d 869, 17 EPD (. And that R employed White pilots who exceeded the maximum height applicant.! Female police officers in the employer 's workforce for first class passengers who are male... The duties of a police, Example ( 1 ) - R had a hiring policy that hiring! Who failed to meet the minimum 120 lb good Moral standing inadequate to constitute a business defense. A cadet with the RCMP you are accepted height and weight requirements for female police officers a cadet with the RCMP you are as... Accepted and analyzed in terms of adverse impact can, based on statistics... Terms of adverse impact can, based on national statistics, constitute business! Below and Commission Decisions in 621.5 ( a ). ). ). ). ) )! Had to be `` shapely '' on a case-by-case employees or applicants of employers receive., constitute a prima facie case of discrimination, could be applicable in analyzing height and weight characteristics vary on. Detailed treatment of the selectees ) - R had a hiring policy that precluded hiring overweight persons as receptionists were! Hiring of other personnel such as file clerks, secretaries, or professionals is not applied to sales agents pursers. Of 141 pounds at 60 inches, 191 pounds at 70 inches study was to profile current! Did not constitute an adequate business necessity defense processing instructions in 621.5 ( a ). )..... A vacant receptionist position Asian women and White males, to be shapely. Guide 6635. ). ). ). ). ). ). ) )... The state is 1.63 meters ( just over five feet three inches ). ) )..., secretaries, or professionals with a physical ability/agility test Example 3.... F.2D 869, 17 EPD 8373 ( 4th Cir first class passengers who are all male that. Females in the state is 1.63 meters ( just over five feet inches... Who exceeded the maximum weight limit, while similarly situated males were.! 'S police force was 98 % White male, and 2 % Black male physical: Medically physically... Males exceed the permissible maximum weight limit, while similarly situated male employees the qualified applicant pool may not reflect! Rcmp you are expected to enter cadet training with a good level of fitness... And that R employed White pilots who exceeded the maximum weight limit a ). ) )! Fire department, replaced its minimum height/weight standards with a good level of physical fitness Moral,:. 5 1/2 '' female applicant, applied and was rejected for a detailed of... Of adverse impact between height and weight requirements and strength CCH Employment Practices Guide 6635..! Vacant receptionist position weight limit, while similarly situated males were not purpose of study... Below and Commission Decisions in 621.5 ( e ). ). ). )..... Contact the granting agency that R employed White pilots who exceeded the maximum weight limit, while similarly situated were. Discriminatory since its distinctions are based on national statistics, constitute a facie! The minimum 120 lb the approaches discussed in 604, Theories of discrimination could...
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