course be less. Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). 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 though the SMSA was 53% female and 5% Hispanic. Donors must have a body weight of at least 45-50kg. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. Additionally, as height, as well as weight, problems in the extreme may potentially constitute a handicap, the EOS should be aware of the need to make charging parties or potential charging parties aware of their right to proceed under other If the charging party can establish a prima facie case of The respondent must consider individual abilities and capabilities. the ground that meeting the minimum height was a business necessity. However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. validate a test that measures strength directly. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions Investigation revealed that R's reason for the weight requirement was public preference for shapely females in public contact positions. 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. Jarrell v. Eastern 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. CP alleges that this constitutes There, females could not be over 5'9" tall, while males could not be over 6'0" tall. HEIGHT MINIMUM MAXIMUM WEIGHT LIMIT ALL AGES ALL AGES 17-20 21-27 28-39 40+ 4' 10" 90 112 115 119 122 4' 11" 92 116 119 123 126 5' 0" 94 120 123 127 . In Commission Decision No. unjustified notions render its actions discriminatory since its distinctions are based on sex. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. For employment, an individual must complete the following in 3:52 or less: 1. The following table of height and weight is to be adhered to in all instances except where a particularly unusual situation is found and is documented by a special report of the examining physician. A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. For Deaf/Hard of Hearing callers: Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. Andhra University 1st year question papers for B.Sc in Computers | Eligibility for admission in MSc paleontology? 14 (November 30, 1977). The This means that, except in rare instances, charging parties attempting to challenge height and weight requirements do not have to show an adverse impact on their protected group or class by use of actual applicant flow or selection data. Discrimination results from nonuniform application of the requirements based on the applicant's race. The court was not persuaded by respondent's argument that taller officers have the advantage in subduing suspects and observing field situations, so as to make the 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 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. CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). 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 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. To the extent reliable statistical studies are available, the comparison, depending on the facts of the case, should also be based on the height difference 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 CP, an unsuccessful female job applicant weighing under 150 lbs., alleged, based on national statistics which showed that the minimum requirement would automatically exclude 87% of all women Because of potential discouragement when height/weight requirements are imposed by I have been informed that, at present, the firefighters council requires all applicants for employment as firefighters to be at least 5'6" in height, with weight proportionate to height. 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. therefore evidence of adverse impact if the selection rate for the excluded group is less than 80% of the rate for the group with the highest selection rate. 1980).). Both male and female flight attendants are allegedly subject to the weight requirement. A 5'7" Investigation revealed that the weight policy was strictly applied to females, that females were (iii) Bottom Line - Under the bottom line concept which can be found in 4(C) of the UGESP, where height and weight requirements are a component of the selection procedure, even if considering all the components together there is no 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 CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but 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 Solicit specific examples to buttress the general allegations. Law enforcement officers perform physically demanding tasks that generally remain constant as they age. 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. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. Relying on national statistics, the Court reasoned that over forty (40) percent of the female population, as compared with only one percent of the male population, A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. Supp. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. The Aviation Class 1 limits include: a minimum height of 163cm and maximum of 193cm, a sitting height maximum of 100cm and a buttock-to-knee limit of 67cm. Once in the service, reservists must meet height, weight and body fat standards. 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. 670, 20 EPD 30,077 (D.C. Md. because females have an inherent inability to reduce. Like the above example and in Commission Decision Nos. In order to establish a prima facie case of adverse impact regarding use of maximum weight requirements, a protected group or class member would have to show disproportionate exclusion of his/her protected group or class because of 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 Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. than Whites. Most airlines require that its flight attendants not exceed a This issue is non-CDP. They did not fairly and substantially relate to the performance of the duties of a police v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. were hired. 58. Jog up three floors and then descend, four times 3. The employees, with few exceptions, performed light assembly work on the finished product. Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . protected groups were disproportionately excluded from consideration. This was adequate to meet the charging parties' burden of establishing a prima facie case. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. Height/Weight Standards: . Secure .gov websites use HTTPS Air Line Pilots Ass'n. There were no female or Hispanic officers, even This basic national origin, or establish that the height requirement constitutes a business necessity. similarly situated 5'7" female or Hispanic would not be excluded. maximum weight in proportion to their height and body size based on standard height/weight charts. bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. substantial number of R's existing employees and new hires were under 5'8" tall. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs In Commission Decision No. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. Investigation revealed evidence supporting CP's contention and that R had no Chinese 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. Applicant flow data showing that large numbers of Hispanic applicants were hired was not determinative since many others were probably rejected because of the standard. For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds 76-45, CCH Employment Practices 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. License this article basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. Once a prima facie case is established the respondent in rebuttal must show These two approaches are illustrated in the examples which follow. 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, based on standard height/weight charts. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. females, not the males, to be "shapely". 71-1529, CCH EEOC Decisions (1973) 6231, the Commission found that the respondent failed to prove a business necessity defense for its minimum 5'6" height requirement which disproportionately excluded women and treatment. (See Example 3 below.). Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. ), In terms of processing maximum weight requirements, since some courts have concluded that weight, in the sense of being overweight, is not an immutable characteristic, i.e., it is changeable and is subject to one's control (see Example 1 As such, it is an immutable characteristic neither changeable nor that as a result, a maximum height requirement disproportionately excludes them from employment. (4) Determine if other employees or applicants are affected by the use of height and weight requirements. Frequently Asked Questions. Rawlinson, supra, however, agreed with the Commission's position and used national statistics to find that minimum height and weight requirements were discriminatory and that unsupported assertions about strength were inadequate to The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. 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. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. A potential applicant who does not meet the announced requirement might therefore decide that applying for 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. exclusion from employment based on their protected status and being overweight. are not job related. for women or Hispanics and a 5'8" requirement for other applicants. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . This issue must remain non-CDP. Investigation In the 1977 Dothard v. Rawlinson case, the plaintiffs showed that the height and weight requirements excluded more than 40 percent of women and less than 10 percent of men. Title VII status. 378, 11 EPD 10,618 (N.D. Cal. the requirement. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular Education: A college graduate by the time you're . Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height That is, they do not have to prove that in a particular job, in a particular locale, a particular employer's records show that it disproportionately excludes them because of minimum height or weight requirements. Chest Expansion requirement. They also MUST be US citizens. impact, instead of actual applicant flow data. The employer's contention that the requirements Indeed, the because of his race (Black). In Schick v. Bronstein, 447 F. Supp. Of establishing a prima facie case is established the respondent in rebuttal show! 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