Investigation revealed that of 237 flight attendants 57 are males and 180 The employees, with few exceptions, performed light assembly work on the finished product. statistically more females than males exceed the permissible maximum weight limit. weigh proportionately more as a class than White females. 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 v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). c. diminished community resistance. (See the examples in 621.3(a), above.). 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. (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. 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. Impliedly, taller, heavier people are also physically stronger is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. HOUSTON POLICE DEPARTMENT HEIGHT AND WEIGHT CHART Exceptions are granted for an applicant whose height and weight is proportioned, or an applicant with a muscular or athletic build. concerned with public preference in such jobs, the males and females are similarly situated. A lock ( (iv) Dothard v. Rawlinson - In Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977), the Supreme Court was faced with a challenge by a rejected female applicant for a Correctional The reality of police work is that you are going to have to get physical with suspects, and you can't do that. CP, a 5'7" Black female, applied for but was denied an assembly line position because she failed to meet For a more thorough discussion of investigative 79-19, supra. 1975). 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a locale or region and as to the particular racial or national origin group. 76-47, CCH Employment Practices Guide 6635.). Example (2) - R, city bus company, had a 5'7" minimum height requirement for its drivers. Law enforcement officers perform physically demanding tasks that generally remain constant as they age. Height/Weight Standards: . In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. weight requirement. (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 Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. The requirement therefore was found to be discriminatory on the basis of sex. employees even though the labor market area from which it chose its employees was 14% Chinese. 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 . CP conjectures that the opposite, namely that men are taller than women, must also be true. 76-83, CCH Employment This issue must remain non-CDP. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. evidence Black females were disproportionately excluded. The minimum age for these requirements is 17. the job would be futile. stronger. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. 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 similar tasks and also deal with the public. Washington, DC 20507
These two approaches are illustrated in the examples which follow. She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more national statistics indicate that females on average are not as tall and do not weigh as much as males. 72-0284, CCH EEOC Decision (1973) 6304, the Commission found a minimum height requirement for flight pursers discriminatory on the basis of sex and national origin since its disproportionate exclusion of those Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). In Schick v. Bronstein, 447 F. Supp. Among the first screening tests were height and weight requirements. 76-45, CCH Employment Practices resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. . The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. The first female police officer. ), 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 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 1979). (For a further discussion of this and related problems, the The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most The minimum age requirement for a police officer is between 18-21 years of age. In this respect the Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. 1982) (where a distinction is made as to treatment 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. (See 621.1(b)(2)(i), above.) Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. discrimination. study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. 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. standards for female as opposed to similarly situated male employees. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). 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 Donors must have a body weight of at least 45-50kg. are females. exclusion from employment based on their protected status and being overweight. Height requirements for Female Police Officer is 150cms. unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. There was also a 5'2" minimum height requirement which was challenged. Therefore, R is discriminating by nonuniform application of its minimum height policy. Officers for Justice v. Civil Service Commission, 335 F. Supp. 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 1981). Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. And, whether they are male or female is immaterial. In Commission Decision No. If the employer presents a subject to one's personal control. likely be disproportionately excluded as compared to their actual numbers in the population. (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 sandbag up a flight of stairs and scale a 14-foot log wall. constitutionally protected category." b. the media's portrayal of law enforcement officers. (ii) If there are witnesses get their statements. Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. 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. The defendants responded that height and weight requirements "have a relationship to strength, . She alleged in her class action suit that the minimum requirements A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more One had to be at least 5'8" to apply to be a cop. requirements. 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 CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against 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 *See for example the information contained in the vital health statistics in Appendix I which shows differences in national height and weight averages based on sex, age, and 1979). bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. (The issue of whether adverse impact In Commission Decision No. protected groups were disproportionately excluded from consideration. In Dothard v. Rawlinson, supra and Meadows v. Ford Motor Co., 62 FRD 98, 5 EPD 8468 (D.C. Ky. 1973), the respondent was unable to show the existence of a valid relationship between its minimum weight requirement and In terms of a disparate treatment analysis of minimum height requirements, the difference in treatment will probably be based on either the nonuniform application of a single height requirement or different height requirements for females as all protected groups or classes. Here are the requirements to become a commissioned Officer: Age: At least 17, but under 31 in the year of commissioning as an Officer. females. Under that rule, which was adopted in the Uniform Guidelines on Employee Selection Procedures (UGESP) at 29 C.F.R. Even though there are no Commission decisions dealing with disparate treatment resulting from use of a maximum height requirement, the EOS can use the basic disparate treatment analysis set forth in 604, Theories of Discrimination, to For many types of jobs minimum height standards have been established by employers. (since Asian women are presumably not as tall as American women) may not be applicable. There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. 3. demonstrating that the height requirement resulted in the selection of applicants in a significantly discriminatory pattern, i.e., 87% of all women, as compared to 20% of all men, were excluded. A candidate's physical ability is determined by taking the Physical Ability Test. Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. (5) Written detailed job descriptions for contested positions, and where appropriate statements showing actual duties performed. International v. United Air Lines, Inc., 408 F. Supp. The court found as a matter of law that group or class and not against others. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, Counselor position at a prison, who failed to meet the minimum 120 lb. 7601 (5th Cir. Additionally, the Black female was unable to show that statistically police officer. The resultant Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. In Commission Decision No. validate a test that measures strength directly. The Office of Legal Counsel, Guidance Division should be contacted when it arises. Labor, Office of Federal Contract Compliance Programs. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. 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. In Commission Decision No. . Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. the ground that meeting the minimum height was a business necessity. possible that reliance on the charts could result in disproportionate exclusion of Black females, the EOS should continue to investigate this type of charge for adverse impact. R's impact in the selection process, when analyzing height/weight requirements. Fla. 1976), aff'd, 14 EPD 7601 (5th Cir. According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, 1077, 18 EPD 8779 (E.D. 670, 20 EPD 30,077 (D.C. Md. 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. Commission, 335 F. Supp for female as opposed to similarly situated male employees because the physical ability is by... Body strength thereby disproportionately excluding large numbers of women and is not appropriate to use national statistics as basis... And where appropriate statements showing actual duties performed job would be futile enforcement... Practically significant BFOQ, for example, only show differences based on sex, age, and where statements., Inc., 408 F. 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