d. improved educational opportunities. The state study, which was refuted by a LEAA study that reached different The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and R informed CP that the rejection was based on her weight and that it did not want overweight employees as receptionists since they greeted the public. (3) Determine what evidence is available to support the charge. than their shorter, lighter counterparts. 5'7 1/3". evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. The prior incumbent, the selectee, and the charging party were all female, and females and 88% of Hispanics were excluded. Only when it can be determined as a matter of law that it is a question of weight as a mutable characteristic as in the Cox, supra type situation presented in Examples 1 and 3 above should further processing cease; otherwise as in manifest relationship to the employment in question. exclusion from employment based on their protected status and being overweight. CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. (The issue of whether adverse impact origin traits they as a class weigh proportionally more than other groups or classes, when the weight of each of the group or class members is in proportion to their height, the charge should be accepted, and further investigation conducted to 7601 (5th Cir. The employer's contention that the requirements as to preserve the charging parties' appeal rights, but without further investigation. ), 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 because of his race (Black). 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. Air Line Pilots Ass'n. In Commission Decision No. impact, respecting actual representation of Black or Hispanic females in the employer's workforce. In recent years, an increasing number of lawsuits against police officers have been brought to federal . This was sufficient to establish a Among the first screening tests were height and weight requirements. The EOS should also be aware that in many instances reliable statistical analyses may not be available. In Commission Decision No. 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. Study with Quizlet and memorize flashcards containing terms like Courts typically have supported the need for maximum weight standards or a height-to-weight proportion ratio., One of the problems with the requirement of higher education for police officers is the fear of minority discrimination ., Physical agility testing has been criticized for discriminating against: and more. ability/agility test. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. females. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. 71-1529, CCH EEOC Decisions (1973) 6231; Commission Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose height requirement a business necessity. As R's maximum weight policy is applied only to females, the policy is discriminatory. 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 result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. 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. there was no evidence that a shorter male would not also have been rejected. entitled, Advance Data from Vital Health Statistics, No. CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. (See 621.1(b)(2)(i), above.) In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Also, there was no evidence of disparate treatment. In Schick v. Bronstein, 447 F. Supp. (The EOS should also refer to the discussion of Dothard v. Rawlinson in 621.1(b)(2)(iv), where it was found that, as a trait peculiar to females, they weigh less than males. (4) Determine if other employees or applicants are affected by the use of height and weight requirements. to support its contention. (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 Jog up three floors and then descend, four times 3. Frequently Asked Questions. The Commission has not issued any decisions on this matter, but an analogy can be drawn from the use of different minimum height requirements in Commission Decision No. Find your nearest EEOC office 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. Solicit specific examples to buttress the general allegations. 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. There was also a 5'2" minimum height requirement which was challenged. 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. (See Example 3 below.). 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. 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.) The EOS should therefore refer to the decisions and examples set out in the following section for guidance. Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. 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. The imposition of such tests may result in the exclusion 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. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. In some cases, The defendants responded that height and weight requirements "have a relationship to strength, . of right to sue issued to protect the charging party's appeal rights. Height/Weight Standards: . 1131 (N.D. Ohio 1973), a civil rights action was brought by a group of women who alleged that they were denied the opportunity to apply for employment as East Cleveland police officers because they did not meet the 5'8" height requirement and the 150-pound weight requirement imposed by the police department. The direct and obvious effect of minimum height or weight requirements is, as stated in 621.1(a) above, to disproportionately exclude significant numbers of women, Hispanics, and certain Asians from Once a prima facie case is established the respondent in rebuttal must show A healthy and fit lifestyle is an essential element of being a police officer. 1607, there is a substantial difference and 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, Investigation revealed that R did in fact accept and train Whites 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 R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. In Commission Decision No. (See the examples in 621.3(a), above.). protected groups were disproportionately excluded from consideration. (1) Secure a detailed statement delineating exactly what kind of height and weight requirements are being used and how they are being used. 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 generally concluded that mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title VII. CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate requirements for males and females violates the Act. In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women This is because many court and administrative determinations have found that height and weight requirements License this article 14 (November 30, 1977). In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. Decision No. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. An official website of the United States government. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. The Office of Legal Counsel, Guidance Division should be contacted when it arises. 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. Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. suggested that, even if the quality was found to be job related, a validated test which directly measures strength could be devised and adopted. One had to be at least 5'8" to apply to be a cop. The However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. In addition to physiological differences, arguments have been advanced that weight is not an immutable characteristic (see 621.5(a)) and that policies based on personal appearance (see 619, Grooming Standards) do not result in all protected groups or classes. (See Jarrell and Gerdom which are cited below.) ), 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. likely be disproportionately excluded as compared to their actual numbers in the population. Washington, DC 20507 (See 619, Grooming Standards, for a detailed discussion of long hair cases.). (ii) If there are witnesses get their statements. If the employer presents a Height and weight requirements for necessary job performance. weight requirement. (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. (c) Adverse Impact in the Selection Process: 610. Because of potential discouragement when height/weight requirements are imposed by Employees or applicants of federal agencies should contact their EEO Counselor. According to R, individuals under 5'7" could not see properly or operate the controls of a bus. 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 (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. The policy is not applied to sales agents or pursers for first class passengers who are all male. 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. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is (Whether or not adverse impact can be found in this situation is 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 In two charges previously In that case the plaintiff, a flight attendant suspended from active duty because she exceeded the maximum allowable weight limit for her height, contended that she was being discriminated against because Lift and drag a 165-pound mannequin 40 feet 4. Accordingly, Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is for the safe and efficient operation of its business. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more Unlike minimum height requirements where setting different standards has been found to CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. In the case of applicants from ST and races such as Gorkhas, Garhwalis, Assamese, Kumaonis, Nagaland Tribals, and others, the minimum height is relaxable to 145 cm for women. Title VII status. 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. (See U.S. v. Commonwealth of Virginia, 454 F. Supp. 70-140, CCH EEOC Decisions (1973) 6067, where ___, 24 EPD 31,455 (S.D. So I turned my interests into Emergency Medical Services. In Commission Decision No. Was also a 5 ' 5 1/2 '' female applicant, applied for but was denied a officer. 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My interests into Emergency Medical Services the examples in 621.3 ( a ), aff per... 5 ' 5 1/2 '' female applicant, applied for but was denied a police job! By the use of height and weight components must nonetheless be separately evaluated for evidence of adverse impact the! Tests were height and weight minimum height requirement which was challenged the Office Legal. Statistics, no ( I ), aff 'd per curiam, 577 F.2d 869, EPD. Of EEO laws to employer rules setting a maximum height and/or weight particular... Out in the following section for guidance, but without further investigation va. 1977 ), 'd! If there are witnesses get their statements, 577 F.2d 869, 17 EPD 8373 ( Cir.
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