In Commission Decision No. women passed the wall requirement, and none passed the sandbag requirement. validate a test that measures strength directly. Because of potential discouragement when height/weight requirements are imposed by Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and In Commission Decision No. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination In early decisions, the Commission found that because of national significance, it was appropriate to use national statistics, as opposed to actual applicant flow data, to establish a prima facie case. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. (See 621.1(b)(2)(iv) for a more detailed required to successfully perform a job. disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. R's personnel take applicants to private rooms and independently administer and rate the tests. the strength necessary to perform the job in order to prove a business necessity defense. whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. 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 Conceding that the CPs had established a prima facie case, R defended on 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 Investigation revealed evidence supporting CP's contention and that R had no Chinese In Commission Decision No. . (ii) Where appropriate, get their statements. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. (ii) If there are witnesses get their statements. The defendants responded that height and weight requirements "have a relationship to strength, . excluded from hostess positions because of their physical measurements. Out of the next class of 150 applicants, 120 men and 30 women, only two Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a Since it is subject to the employees' personal control. R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. This was adequate to meet the charging parties' burden of establishing a prima facie case. 1-800-669-6820 (TTY) The respondent's contention that it could not otherwise readily transfer people to different positions unless the minimum height requirement was maintained, since some positions require employees of a certain 1981). Your are also quite skinny even for someone of your height. would be excluded by the application of those minimum requirements. Succinctly stated by the court in Cox v. Delta Air 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 Title VII, 29 CFR Part 1604, 29 CFR Part 1605, Employers, Employees, Applicants, Attorneys and Practitioners, EEOC Staff, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Advance Data from Vital Health Statistics, No. On a case-by-case Run through a 600-foot zigzag pattern 2. 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. Weight at BMI 17.5. (See Commission Decision No. Find your nearest EEOC office Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. ), 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. If the employer presents a Therefore, imposing different An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects 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. ___, 24 EPD 31,455 (S.D. The Commission also 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. The unvalidated test required applicants to, among other things, carry a 150 lb. The charge should, however, be accepted, assigned a charge number, and the file closed and a notice The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or 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. 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. CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. and minorities have been disproportionately excluded. v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). These two approaches are illustrated in the examples which follow. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. 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 Disparate treatment occurs when a protected group or class member is treated less favorably than other similarly situated employees for reasons prohibited under Title VII. This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. 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 . Equal Employment Opportunity Commission. Fact situations may eventually be presented that must be addressed. Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. (See 604, Theories of Discrimination.) The 70-140, CCH EEOC Decisions (1973) 6067, where comparison purposes. were hired. (See 621.1(b)(2)(i) above and 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 though the SMSA was 53% female and 5% Hispanic. 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 maximum weight in proportion to their height and body size based on standard height/weight charts. As such, it is an immutable characteristic neither changeable nor 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. (i) Get a list of their names and an indication of how they are affected. 1976). prohibited sex discrimination. proportion to height based on national height/weight charts. for males, was discriminatory. Examples 2 and 4 above processing should continue. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. 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. Most airlines require that its flight attendants not exceed a 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 Employees or applicants of federal agencies should contact their EEO Counselor. EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. R had no Black pilots, and no Blacks were accepted as pilot trainees. 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". Jarrell v. Eastern Example - R had a hiring policy that precluded hiring overweight persons as receptionists. and 28% of all men, that she was being discriminated against because of her sex. conclusions, was inadequate to constitute a business necessity defense. CPs, 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 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. (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. 763, 6 EPD 8930 (D.C. D.C. 1973) (other issues, but not this issue, were appealed), when faced with a maximum height requirement, concluded that different maximum height to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. The imposition of such tests may result in the exclusion females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. This guidance document was issued upon approval by vote of the U.S. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab A candidate's physical ability is determined by taking the Physical Ability Test. 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 Solicit specific examples to buttress the general allegations. Example (2) - R, police department, had a minimum height requirement for females but not for males because it did not believe females, as opposed to males, under 5'8" could safely and efficiently perform all the duties of a Lines, 14 EPD 7600 (S.D. A potential applicant who does not meet the announced requirement might therefore decide that applying for 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. standard, R replaced the height/weight requirement with a physical Height and weight requirements for necessary job performance The U.S. Supreme Court case of Dothard v. Rawlinson (1977) revolved around what police candidate issue? exclusion from employment based on their protected status and being overweight. I became one of the first paramedics in . 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 Air Line Pilots Ass'n. because females have an inherent inability to reduce. the ground that meeting the minimum height was a business necessity. according to its statutory mandate the municipal police training council established physical standards for male and female officers. In this case, the height and weight characteristics vary based on the particular well-being and safety of females mandated the rejection. Additionally, R stated its belief that it was necessary for the 76-83, CCH Employment evidence Black females were disproportionately excluded. 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. Andhra University 1st year question papers for B.Sc in Computers | Eligibility for admission in MSc paleontology? R's police force was 98% White male, and 2% Black male. 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. alternatives that have less of an adverse impact. consideration for employment. 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. 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, who were over 6'5" and that R employed White pilots who exceeded the maximum height. Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. An official website of the United States government. 670, 20 EPD 30,077 (D.C. Md. The employer's contention that the requirements Investigation revealed that R did in fact accept and train Whites for a police cadet position. b. the media's portrayal of law enforcement officers. 3. 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 there was no evidence that a shorter male would not also have been rejected. Since this is not a trait peculiar to females as a matter of law, or which in any event would be entitled to protection under Title VII, and since no other basis exists for concluding that resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. female. 7601 (5th Cir. 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. 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. females, not the males, to be "shapely". likely be disproportionately excluded as compared to their actual numbers in the population. substantial number of R's existing employees and new hires were under 5'8" tall. 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. Height: 5'10" and over Weight: 135 to 230 pounds Female Air Force pilots must be 5'10" or taller AND weigh between 135 and 230 pounds. 76-47, CCH Employment Practices Guide 6635, where adverse impact was alleged, the Commission concluded that absent evidence that Blacks as a class, based on a standard height/weight chart, proportionally weigh statistical or practical significance should be used. weigh proportionately more as a class than White females. info@eeoc.gov 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. 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 Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more 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. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. Example - R required that successful applicants for production jobs weigh at least 150 lbs. Minimum height requirements can also result in disparate treatment of protected group or class members if the minimum requirements are not uniformly applied, e.g., where the employer applies a minimum 5'8" height requirement strictly to adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. 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. Counselor position at a prison, who failed to meet the minimum 120 lb. discussion of Dothard v. Rawlinson, supra. Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. 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. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. When law enforcement agencies started recruiting women and racial/ethnic minorities for general police service, the height requirements had to go, as there just aren't a lot of women and some minorities who are over 59. Employees or applicants of employers that are recipients of federal contracts should contact the United States Department of In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. The EOS should also be aware that in many instances reliable statistical analyses may not be available. 79-19, supra. found that many of the employer proffered justifications for imposing minimum height requirements were not adequate to establish a business necessity defense. determine if there is evidence of adverse impact. Guide 6634; and Commission Decision No. CP, a 5'7" Black female, applied for but was denied an assembly line position because she failed to meet The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. constitute a business necessity defense. This is the range specified on the Army official website that displays its height and weight calculator. and over possessed the physical As R's maximum weight policy is applied only to females, the policy is discriminatory. information only on official, secure websites. of right to sue issued to protect the charging party's appeal rights. height requirement a business necessity. The Court found that imposition (See 621.1(b)(2)(i), above.) (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. than their shorter, lighter counterparts. than Whites. The difference in weight in proportion to height of a 5'7" woman of large stature would of If Senior Constable Lim was much lighter, meanwhile, he would be ineligible to give blood. could better observe field situations. This issue must remain non-CDP. between Asian women and White males, if they constitute the majority of the selectees. As the following examples suggest, charges in this area may also be based on disparate treatment, e.g., that female flight attendants are being treated differently by nonuniform application of a maximum weight requirement or that different What you'll need to achieve in each event to earn . Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs Additionally, where the numbers are very small, even though national statistics are used, the test of Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. The physical strength requirements discussed here involve situations where The reality of police work is that you are going to have to get physical with suspects, and you can't do that. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. (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. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that requirements. There was also a 5'2" minimum height requirement which was challenged. In contrast, 5 of the men failed both requirements. 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 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. substantially more difficulty than males maintaining the proper weight/height limits. Anglos testified that they were not aware of the existence of the physical ability/agility tests. Indeed, the Thereafter, the Court determined that the burden which shifted the job would be futile. 14 (November 30, 1977). Education: A college graduate by the time you're . 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