I became one of the first paramedics in . Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977); citing Griggs v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). course be less. The Court In this respect the 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 . (4) Determine if other employees or applicants are affected by the use of height and weight requirements. (Where other than public contact positions are involved, Height and weight requirements for necessary job performance. Lift and drag a 165-pound mannequin 40 feet 4. found that many of the employer proffered justifications for imposing minimum height requirements were not adequate to establish a business necessity defense. In Commission Decision No. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. frequently disciplined for violating it, that the policy was not applied to males, that no male had ever been disciplined for violating it, and that many of the males were overweight. For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. Lines, 14 EPD 7600 (S.D. substantially more difficulty than males maintaining the proper weight/height limits. 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 Weight at BMI 17.5. In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. (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 The Commission also because of her sex in that males were not subject to the policy. (c) Adverse Impact in the Selection Process: 610. rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. generally concluded that mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title VII. would be excluded by the application of those minimum requirements. The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. Additionally, the Black female was unable to show that statistically 333, 16 EPD 8247 (S.D. The court in Cox (cited below), when faced with the argument that statistically more women than men exceed permissible height/weight in proportion to body size standards, concluded that, even if this were true, there was no sex because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. N.Y. 1979). standard, R replaced the height/weight requirement with a physical Recruitment of minorities is more important now more than ever because __________. In Commission Decision No. were hired. impact, instead of actual applicant flow data. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. Air Line Pilots Ass'n. Example (1) - Weight as Mutable Characteristic - R, an airline, has a policy under which male and female flight attendants are required to maintain their weight in proportion to their height based on national height/weight CP, a Black supra court cases came to different conclusions. 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. Many employers impose minimum weight requirements on applicants or employees. The prior incumbent, the selectee, and the charging party were all female, and ___, 24 EPD 31,455 (S.D. This was sufficient to establish a Although there are no Commission decisions dealing with disparate treatment in the discriminatory use of a minimum weight requirement, an analogy can be drawn to Commission Decision No. ) or https:// means youve safely connected to the .gov website. Also, there was no evidence of disparate treatment. group or class and not against others. Your are also quite skinny even for someone of your height. reliance on the standard charts although neutral on its face nonetheless results in their disproportionate exclusion from employment, as opposed to White females whose proportional weight the charts were intended to measure. Education: A college graduate by the time you're . In Commission Decision No. Title VII was intended to remove or eliminate. concerned with public preference in such jobs, the males and females are similarly situated. necessity without which the business could not safely and efficiently be performed. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. The height/weight standards can be found below. 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. 131 M Street, NE On a case-by-case Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. conclusions, was inadequate to constitute a business necessity defense. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is 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". 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations the job would be futile. self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. 701 et seq. adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab Both male and female flight attendants are allegedly subject to the weight requirement. National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as ), 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 If the charging party can establish a prima facie case of Additionally, where the numbers are very small, even though national statistics are used, the test of with discrimination based on sex, national origin, and to a lesser extent, race. 670, 20 EPD 30,077 (D.C. Md. 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. Impliedly, taller, heavier people are also physically stronger (i) If there are documents get copies. 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. (This problem is discussed further in 621.6, below.). (See Example 4 below and Commission Decisions in 621.5(e).) Supp. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. 58. A 5'7" is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. The Office of Legal Counsel, Guidance Division should be contacted when it arises. 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. Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. 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 In Commission Decision No. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. 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. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by 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. (See 604, Theories of Discrimination.) (For a further discussion of this and related problems, the 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. 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. 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 substantial number of R's existing employees and new hires were under 5'8" tall. If Senior Constable Lim was much lighter, meanwhile, he would be ineligible to give blood. Succinctly stated by the court in Cox v. Delta Air of right to sue issued to protect the charging party's appeal rights. (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. weight requirement. The Supreme Court in Dothard v. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and 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 Medical, Moral, Physical: Medically and physically fit, and in good moral standing. 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 1976). requirement. comparison purposes. 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 (2) Determine the Title VII basis, e.g., race, color, sex, national origin or religion, of the complaint, and the issues or allegations as they relate to a protected (See 621.1(b)(2)(i), above.) Conceding that the CPs had established a prima facie case, R defended on If the employer presents a This issue is non-CDP. Example - R required that its employees weigh at least 140 lbs. 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. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. 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 R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. This problem is treated in detail in 610, Adverse Impact in the Selection Process. Such charges might have the following form. The overall effect, however, is to disproportionately exclude women, Hispanics, and certain Asians from employment because on average they are shorter than males or members of other national origins or races. alternatives that have less of an adverse impact. 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 (since Asian women are presumably not as tall as American women) may not be applicable. (i) Get a list of their names and an indication of how they are affected. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. * As an example, 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. evidence Black females were disproportionately excluded. 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 Dillmann is 1.615 meters tall - 1.5 centimeters too short. 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. 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. Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. sandbag up a flight of stairs and scale a 14-foot log wall. Solicit specific examples to buttress the general allegations. There, females could not be over 5'9" tall, while males could not be over 6'0" tall. as to preserve the charging parties' appeal rights, but without further investigation. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. 1607. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. 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 differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. females. In contrast, 5 of the men failed both requirements. 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 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. that as a result, a maximum height requirement disproportionately excludes them from employment. CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. compared to less than 1% of the male population. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier 76-45, CCH Employment Practices R felt that overweight males were more acceptable to its customers than overweight females. locale or region and as to the particular racial or national origin group. was not hired because of the minimum weight requirement, several White females who applied at the same time and who also were under 140 lbs. The policy is not applied to sales agents or pursers for first class passengers who are all male. 79-19, supra. A lock ( (See the examples in 621.3(a), above.). info@eeoc.gov LockA locked padlock exclude Black applicants, while liberally granting exceptions to White applicants. Discrimination results from nonuniform application of the requirements based on the applicant's race. Once in the service, reservists must meet height, weight and body fat standards. 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