Absent such a showing, a prima facie case is not established. There was also a 5'2" minimum height requirement which was challenged. Hispanics from production jobs. Thereafter, the Court determined that the burden which shifted treatment. N.Y. 1979). could better observe field situations. 7601 (5th Cir. Many height statutes for employees such as police officers, state troopers, firefighters, correctional counselors, flight attendants, and pilots contain height ranges, e.g., 5'6" to 6'5". basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. In Commission Decision No. For example, even though there The employer, if it wants to retain the requirements, must show that they constitute a business This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. Selection Procedures at 29 C.F.R. In its defense the respondent had its supervisory personnel testify that the minimum R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. 70-140, CCH EEOC Decisions (1973) 6067, where course be less. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. Weight requirements for Navy positions are enforced. well-being and safety of females mandated the rejection. 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 3 (November 19, 1976), and No. were hired. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. 701 et seq. In Commission Decision No. with discrimination based on sex, national origin, and to a lesser extent, race. A slightly smaller range is not acceptable. 670, 20 EPD 30,077 (D.C. Md. When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. (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 Investigation revealed that the weight policy was strictly applied to females, that females were It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. In two charges previously Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. A 5'7" Conceding that the CPs had established a prima facie case, R defended on generally concluded that mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title VII. A .gov website belongs to an official government organization in the United States. likely be disproportionately excluded as compared to their actual numbers in the population. Weight at BMI 17.5. R's police force was 98% White male, and 2% Black male. They did not fairly and substantially relate to the performance of the duties of a police 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. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. Reasons for these minimum height standards are as varied as the employers, ranging from assumptions of public preferences for taller persons, to paternalistic notions regarding women, to assumptions that taller persons are physically For instance, in U.S. v. Lee Way Motor Freight Inc., 7 EPD 9066 (D.C. Okla. 1973), the respondent, a trucking company, strictly applied its height and weight requirements for driver (b) Theories of Discrimination: 604. The prior incumbent, the selectee, and the charging party were all female, and 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. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
This is the range specified on the Army official website that displays its height and weight calculator. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. prima facie case without a showing of discriminatory intent. (See Example 3 below.). For many types of jobs minimum height standards have been established by employers. Example (1) - R, police force, has a maximum height requirement of 6'5". would be excluded by the application of those minimum requirements. In Commission Decision No. Your are also quite skinny even for someone of your height. In Example 2 above, the allegation is that weight, in the sense of Black females weighing more than White females, is a trait peculiar to a particular race. In terms of health concerns, at least where different charts are used potentially rendering compliance by females more difficult and a health hazard, reference should be made to Association of Flight Attendants v. Ozark Air Lines, 470 F. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. (Whether or not adverse impact can be found in this situation is (BMI calculator says you are underweight). (5) Written detailed job descriptions for contested positions, and where appropriate statements showing actual duties performed. . 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. the ground that meeting the minimum height was a business necessity. This guidance document was issued upon approval by vote of the U.S. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. 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. Counselor position at a prison, who failed to meet the minimum 120 lb. The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women Both male and female flight attendants are allegedly subject to the weight requirement. These two approaches are illustrated in the examples which follow. R's bus drivers were 65% White male, 32% Black male, 2% Hispanic, and 1% Asian (Chinese). EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. ; and. (See 604, Theories of Discrimination.) City of East Cleveland, 363 F. Supp. 1978). compared to less than 1% of the male population. 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. (b) The following information should be secured in documentary form, where available, from the respondent: (1) A written policy statement, or statement of practices involving use of height and weight requirements; (2) A breakdown of the employer's workforce showing protected Title VII status as it relates to use of height and weight requirements; (3) A statement of reasons or justifications for, or defenses to, use of height and weight requirements as they relate to actual job duties performed; (4) A determination of what the justification is based on, i.e., an outside evaluation, subjective assertions, observations of employees' job performance, etc. Decision No. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier subject to one's personal control. 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. females, not the males, to be "shapely". the job would be futile. The Court found that imposition discussion of Dothard v. Rawlinson, supra. What you'll need to achieve in each event to earn . 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 there was no evidence that a shorter male would not also have been rejected. For Deaf/Hard of Hearing callers:
CP, Chinese and under 140 lbs., alleged that, while she Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). (See 621.1(b)(2)(iv) for a more detailed rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. Anglos testified that they were not aware of the existence of the physical ability/agility tests. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. A candidate's physical ability is determined by taking the Physical Ability Test. The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. 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 Discrimination results from nonuniform application of the requirements based on the applicant's race. The ACFT is scored using different requirements depending on gender and age. There were no female or Hispanic officers, even 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. standards for female as opposed to similarly situated male employees. In Commission Decision No. Investigation revealed evidence supporting CP's contention and that R had no Chinese (See the examples in 621.3(a), above.). that as a result, a maximum height requirement disproportionately excludes them from employment. study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. In terms of an adverse impact analysis, the Court in Dothard v. Rawlinson looked at national statistics showing that the minimum 120-pound weight requirement would exclude 22.29% of females, as compared to only 2.35% of males. In order to establish that a group member protected under Title VII was adversely affected by a maximum height requirement, it must first be shown that the particular group of which (s)he is a member would be disproportionately affected by such a The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . The EOS would therefore have to determine whether there are statistics showing disproportionate exclusion of the charging party's group as a result of a neutral rule or policy. The charge should, however, be accepted, assigned a charge number, and the file closed and a notice 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. 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 Members of the 155th trooper training class salute during . (See Jarrell and Gerdom which are cited below.) The physical strength requirements discussed here involve situations where Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. officer. (i) Use of National Statistics - In dealing with height and weight requirements it may not in many cases be appropriate to rely upon an actual applicant flow analysis to determine if women The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. other police departments have similar requirements. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations Out of the next class of 150 applicants, 120 men and 30 women, only two 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). Additionally, as height or weight problems in the extreme may potentially be a handicap issue, charging parties or potential charging parties should be advised of their right to file a complaint under the Rehabilitation Act of 1973, 29 U.S.C. 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.) I became one of the first paramedics in . CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. 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