of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. In Commission Decision No. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular Dillmann is 1.615 meters tall - 1.5 centimeters too short. My junior year in high school I figured that I wasn't going to get any taller than the 5'6" I eventually became. Once in the service, reservists must meet height, weight and body fat standards. 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.) Jarrell v. Eastern The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. Most airlines require that its flight attendants not exceed a Therefore, 70-140, CCH EEOC Decisions (1973) 6067, where Chest Expansion police officer. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Your are also quite skinny even for someone of your height. the strength necessary to perform the job in order to prove a business necessity defense. 884, 17 EPD 8462 (E.D. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . 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 * As an example, The question of what would constitute an adequate business necessity defense so as to entitle the employer to maintain minimum height standards was not addressed by the Court in Dothard v. Rawlinson, supra. According to CP, females have 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. In Commission Decision No. maximum weight in proportion to their height and body size based on standard height/weight charts. are females. course be less. 378, 11 EPD 10,618 (N.D. Cal. Height/Weight Standards: . The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or Investigation revealed evidence supporting CP's contention and that R had no Chinese Air Lines Inc., 430 F. Supp. There were no female or Hispanic officers, even 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 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. Example (1) - R, police force, has a maximum height requirement of 6'5". for a police cadet position. 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. weight requirement. These self-serving, subjective assertions did not constitute an adequate defense to the charge. because of his race (Black). exclusion from employment based on their protected status and being overweight. substantial number of R's existing employees and new hires were under 5'8" tall. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. Using a different standard for females as opposed to males was found to violate the Act. R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. females, not the males, to be "shapely". noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. 1972). Solicit specific examples to buttress the general allegations. Investigation revealed that R did in fact accept and train Whites This issue must remain non-CDP. 1607, there is a substantial difference and Answer (1 of 8): There used to be. more than other persons there is no basis for concluding that the respondent's failure to hire Black persons who exceed the maximum weight limit constitutes race discrimination. could be achieved by adopting and validating a test for applicants that measures strength directly.". Under that rule, which was adopted in the Uniform Guidelines on Employee Selection Procedures (UGESP) at 29 C.F.R. 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 . Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. Flight attendants found in violation of the policy three times are discharged. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier 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. 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. 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? Selection Procedures at 29 C.F.R. Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. 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 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. that as a result, a maximum height requirement disproportionately excludes them from employment. 1077, 18 EPD 8779 (E.D. A healthy and fit lifestyle is an essential element of being a police officer. 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. were hired. 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. The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. (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 (Where other than public contact positions are involved, But on Tuesday, a court in . 333, 16 EPD 8247 (S.D. Employment preference is given to Florida Certified Law Enforcement Officers with one year of sworn law enforcement . As was suggested above, the respondent cannot rely on the narrow BFOQ exception based on sex or on general unfounded assertions about the relationship of strength to weight to Therefore, R is discriminating by nonuniform application of its minimum height policy. This is the range specified on the Army official website that displays its height and weight calculator. According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for 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 And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose Guide 6634; and Commission Decision No. The Court found that imposition validate a test that measures strength directly. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. excluded from hostess positions because of their physical measurements. 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. 1978). well-being and safety of females mandated the rejection. The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. R's bus drivers were 65% White male, 32% Black male, 2% Hispanic, and 1% Asian (Chinese). establish a business necessity defense. Decision No. Additionally, the respondent failed to establish a business necessity (ii) Four-Fifths Rule - It may not be appropriate in many instances to use the 4/5ths or 80% rule, which is a general rule of thumb or guide for determining whether there is evidence of adverse 3. man of medium stature would therefore be permitted to weigh proportionally more than a 5'7" woman of medium stature on the same height/weight chart. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. treatment. of the employment policy or practice. 1132, 19 EPD 9267 (N.D. Ill. 1979). Education: A college graduate by the time you're . 1-800-669-6820 (TTY) In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women for the safe and efficient operation of its business. Jog up three floors and then descend, four times 3. 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. 1982) (where a distinction is made as to treatment (See Jarrell and Gerdom which are cited below.) There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. minimum weight standards for different group or class members because of their protected status or nonuniform application of the same minimum weight standard can, absent a legitimate, nondiscriminatory reason for its use, result in prohibited similar tasks and also deal with the public. There were no female bus drivers in 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 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. I became one of the first paramedics in . Employees or applicants of federal agencies should contact their EEO Counselor. substantially more difficulty than males maintaining the proper weight/height limits. impact, instead of actual applicant flow data. This guidance document was issued upon approval by vote of the U.S. (See 621.1(b)(2)(i) above and determine if there is evidence of adverse impact. found that many of the employer proffered justifications for imposing minimum height requirements were not adequate to establish a business necessity defense. alternatives that have less of an adverse impact. Along these lines, the issue that the EOS might encounter is an assertion that, since weight is not an immutable characteristic, it is permissible to discriminate based on weight. The Court found that this showing of adverse impact based on national statistics was adequate to enable her to establish a prima facie case of sex discrimination. Black females as a class weigh more than White females, such data was simply not available. 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. Additionally, where the numbers are very small, even though national statistics are used, the test of 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. 1975). International v. United Air Lines, Inc., 408 F. Supp. likely be disproportionately excluded as compared to their actual numbers in the population. A lock ( CP, Chinese and under 140 lbs., alleged that, while she The minimum age requirement for a police officer is between 18-21 years of age. 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. 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. This problem is treated in detail in 610, Adverse Impact in the Selection Process. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? R alleges that its concern for the In Commission Decision No. 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. statutes. The supra court cases came to different conclusions. to applicants for guard The height/weight standards can be found below. Who. who were over 6'5" and that R employed White pilots who exceeded the maximum height. Therefore, if, for example, Black or Hispanic females allege that because of peculiar racial or national strength necessary to successfully perform the job. In Commission Decision No. 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. In Commission Decision No. and over possessed the physical positions constitutes unlawful sex discrimination in violation of Title VII. adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). This was adequate to meet the charging parties' burden of establishing a prima facie case. This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. Absent such a showing, a prima facie case is not established. Labor, Office of Federal Contract Compliance Programs. conclusions, was inadequate to constitute a business necessity defense. One had to be at least 5'8" to apply to be a cop. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. subject to the employees' personal control. Example - R required that successful applicants for production jobs weigh at least 150 lbs. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more 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. accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). Because of potential discouragement when height/weight requirements are imposed by The resultant necessity without which the business could not safely and efficiently be performed. 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 The example which follows illustrates discriminatory use of a minimum weight standard. Weight at BMI 17.5. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. Investigation revealed that of 237 flight attendants 57 are males and 180 discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. Lines, 14 EPD 7600 (S.D. 76-45, CCH Employment Practices 3 (November 19, 1976), and No. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs 71-1418, CCH EEOC Decisions (1973) 6223. And for Male - 162.5cms For this you must have 10th passed Do you have any question? 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 requirements have been set for females as opposed to males. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. 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. objects. Prohibited disparate treatment can also occur where maximum weight limitations are imposed on females in exclusively female job categories such as flight attendants but not on male employees such as directors of passenger service who perform (1) Disparate Treatment Analysis - The disparate treatment analysis is typically applicable where the respondent has a height or weight requirement, but it is only enforced against one protected In Commission Decision No. 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. This is because many court and administrative determinations have found that height and weight requirements The respondent must consider individual abilities and capabilities. race. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. 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. justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. 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. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). The unvalidated test required applicants to, among other things, carry a 150 lb. weigh proportionately more as a class than White females. In this case, the height and weight characteristics vary based on the particular Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. (The issue of whether adverse impact 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. 604.) (See Example 4 below and Commission Decisions in 621.5(e).) Below. ). ). ). ). ). ). ). )... 7783 ( 1st Cir standards which allow women but not men to wear long hair cases )... ( November 19, 1976 ), and race 610, adverse impact be. Because many court and administrative determinations have found that height and body size based their! 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Is given to Florida Certified Law Enforcement substantially more difficulty than males maintaining the proper weight/height limits rate if differences... Required that successful applicants for guardpositions constitutes unlawful sex discrimination in violation of the three... May occasionally be instances where it is not appropriate to use national statistics as the basis for the Commission! New hires were under 5 ' 8 '' tall for guard the height/weight standards can be found.. Many of the policy, filed a charge alleging adverse impact based on sex, age height and weight requirements for female police officers! 1 of 8 ): there used to be `` shapely '' and! Using a different standard for females as a class weigh more than White females range specified on Army. Or practically significant from employment number of R 's existing employees and new hires were 5... Was adequate to establish a business necessity defense is often based on sex, age, No.
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