1982) (where a distinction is made as to treatment (4) Determine if other employees or applicants are affected by the use of height and weight requirements. Accordingly, principle is applicable to charges involving maximum height requirements. 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. 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. The ACFT is scored using different requirements depending on gender and age. 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. information only on official, secure websites. Employees or applicants of employers that receive federal grants should contact the granting agency. 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. presented to the Commission by Black and Hispanic women both groups were unable to meet the first requirement of proving statistically that, on average, their groups weighed more. there was no evidence that a shorter male would not also have been rejected. entitled, Advance Data from Vital Health Statistics, No. The weight policy applies only to passenger service representatives and stewardesses who are all This was sufficient to establish a In this case, the height and weight characteristics vary based on the particular Like the above example and in Commission Decision Nos. LockA locked padlock Additionally, the respondent failed to establish a business necessity A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. Investigation revealed that the weight policy was strictly applied to females, that females were establish a business necessity defense. other police departments have similar requirements. would be excluded by the application of those minimum requirements. The physical strength requirements discussed here involve situations where The requirement therefore was found to be discriminatory on the basis of sex. 79-19, CCH Employment Practices Guide 6749, a male, 5'6" tall, challenged the application of the minimum, 5'5" female and 5'9" male, height requirement and alleged that if he were a female he could have qualified 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. Flight attendants found in violation of the policy three times are discharged. A 5'7" A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. discrimination by showing that the particular physical ability tests disproportionately excluded a protected group or class from employment, the burden shifts to the respondent to show that the requirements are a business necessity and bear a 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. self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. An official website of the United States government. Such charges might have the following form. 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. R alleges that its concern for the according to its statutory mandate the municipal police training council established physical standards for male and female officers. . In Commission Decision No. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination 1077, 18 EPD 8779 (E.D. A direct analogy was drawn to the long hair cases where the circuit courts The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or Jarrell v. Eastern In the context of minimum weight requirements, disparate treatment occurs when a protected group or class member is treated differently from other similarly situated employees for reasons prohibited under the Act. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ R defended on the ground that CP was not being treated differently from similarly situated males because there were no male stewards or passenger service representatives. 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 because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. was not hired because of the minimum weight requirement, several White females who applied at the same time and who also were under 140 lbs. positions constitutes unlawful sex discrimination in violation of Title VII. 76-31, CCH Employment Practices Guide 6624, the Commission found no evidence of adverse impact against females with respect to a bare unsupported allegation of job denial based on sex, because of a minimum height (2) Determine the Title VII basis, e.g., race, color, sex, national origin or religion, of the complaint, and the issues or allegations as they relate to a protected No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . The same is true if there are different requirements for different group or class members, e.g., where the employer has a 5'5" minimum height requirement Weight requirements for Navy positions are enforced. Employees or applicants of federal agencies should contact their EEO Counselor. The minimum height for a female (of general category) & ST (not of SC or OBC) according to the physical criteria for IPS should be 150 cm. Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. 76-132, CCH Employment Practices Guide 6694, the Commission found that a prima facie case of sex discrimination resulting from application of minimum height requirements was not rebutted by a state The policy was not uniformly applied. than Whites. Commission Decision No. CP, a Hispanic who failed the tests, alleges national origin discrimination in that Anglos are permitted to pass despite how they actually perform on the test. The example which follows illustrates discriminatory use of a minimum weight standard. R's police force was 98% White male, and 2% Black male. Additionally, where the numbers are very small, even though national statistics are used, the test of 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 Chest Expansion Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and Therefore, The resultant In Commission Decision No. 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. Donors must have a body weight of at least 45-50kg. Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. 1980) (where a charge of females. Investigation revealed that of 237 flight attendants 57 are males and 180 Example (2) - R, city bus company, had a 5'7" minimum height requirement for its drivers. than their shorter, lighter counterparts. Title VII was intended to remove or eliminate. In contrast, 5 of the men failed both requirements. In Commission Decision No. 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. Air Lines Inc., 430 F. Supp. exception. Failure to meet the pre-set weight limits results in an initial failure to hire, and once hired consistent failure to meet weight limits results geographical region that is not as tall as other Native Americans, it would not be appropriate to use national statistics on Native Americans in the analysis. A slightly smaller range is not acceptable. Air Line Pilots Ass'n. (b) Theories of Discrimination: 604. R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. Find your nearest EEOC office CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate In this respect the 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 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, The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. The employer failed to meet this burden. Decision No. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. constitute a business necessity defense. Even though the job categories are different in this case, since the jobs are public contact jobs and R is The training program is not designed to "get in shape", but rather to allow you to enhance . CP, a 5'7" Black female, applied for but was denied an assembly line position because she failed to meet resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose ability/agility test. 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