Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs Height requirements for Female Police Officer is 150cms. Example (3) - State Troopers - As with police departments, applying minimum size requirements to applicants for state trooper jobs violates Title VII, unless the respondent can establish that the requirements are necessary Using a different standard for females as opposed to males was found to violate the Act. There was also a 5'2" minimum height requirement which was challenged. proportion to height based on national height/weight charts. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and 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. Even though national statistics are used, 4(D) of the UGESP recognizes that there can still be evidence of adverse impact, often with very large numbers since a national pool is used, based on smaller percentage 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. similar tasks and also deal with the public. 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 requirements for males and females violates the Act. 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 54 The employer failed to meet this burden. differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. 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 (See Commission Decision No. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). 70-140, CCH EEOC Decisions (1973) 6067, where (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 In order to establish that a group member protected under Title VII was adversely affected by a maximum height requirement, it must first be shown that the particular group of which (s)he is a member would be disproportionately affected by such a In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. (c) Adverse Impact in the Selection Process: 610. 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. or have anything to say? 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 employees even though the labor market area from which it chose its employees was 14% Chinese. Investigation revealed that the weight policy was strictly applied to females, that females were justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. 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. subject to one's personal control. 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. In Commission Decision No. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. Selection Procedures at 29 C.F.R. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. A potential applicant who does not meet the announced requirement might therefore decide that applying for CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. females and 88% of Hispanics were excluded. 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. In Commission Decision No. CP, Chinese and under 140 lbs., alleged that, while she The Court The employer, if it wants to retain the requirements, must show that they constitute a business Among the first screening tests were height and weight requirements. (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. based on standard height/weight charts. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . They also MUST be US citizens. entitled, Advance Data from Vital Health Statistics, No. 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. Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and In Commission Decision No. In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. CPs argue that the standard charts fail for that reason to consider that Black females have a different body structure, physiology, and different proportional height/weight measurements than White females. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. 1975). The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. 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 For a discussion of Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977), the EOS should refer to 621.1(b)(2)(iv). classes. Example (1) - R, an airline, has an established maximum weight policy under which employees can be disciplined and even discharged for failing to maintain their weight in proper proportion to their height, based on a In Commission Decision No. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. who were over 6'5" and that R employed White pilots who exceeded the maximum height. In order to establish a prima facie case of adverse impact regarding use of maximum weight requirements, a protected group or class member would have to show disproportionate exclusion of his/her protected group or class because of Here are the requirements to become a commissioned Officer: Age: At least 17, but under 31 in the year of commissioning as an Officer. 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 information only on official, secure websites. 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 Investigation revealed that of 237 flight attendants 57 are males and 180 discrimination. 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. R's police force was 98% White male, and 2% Black male. 378, 11 EPD 10,618 (N.D. Cal. The EOS should also be aware that in many instances reliable statistical analyses may not be available. standard, R replaced the height/weight requirement with a physical Investigation revealed evidence supporting CP's contention and that R had no Chinese discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. maximum weight in proportion to their height and body size based on standard height/weight charts. Additionally, the respondent failed to establish a business necessity for women or Hispanics and a 5'8" requirement for other applicants. 3 (November 19, 1976), and No. 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. all protected groups or classes. discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. So I turned my interests into Emergency Medical Services. Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. 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 female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. 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 And for Male - 162.5cms For this you must have 10th passed Do you have any question? Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. Title VII was intended to remove or eliminate. Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose (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. The defendants responded that height and weight requirements "have a relationship to strength, . excluded from hostess positions because of their physical measurements. According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, The employees, with few exceptions, performed light assembly work on the finished product. v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). In Commission Decision No. disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. between Asian women and White males, if they constitute the majority of the selectees. According to CP, females have The policy was not uniformly applied. (See 621.1(b)(2)(i) above and well-being and safety of females mandated the rejection. (b) Theories of Discrimination: 604. (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. 71-1529, CCH EEOC Decisions (1973) 6231; Commission and minorities have been disproportionately excluded. Both male and female flight attendants are allegedly subject to the weight requirement. 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. In terms of an adverse impact analysis, the Court in Dothard v. Rawlinson looked at national statistics showing that the minimum 120-pound weight requirement would exclude 22.29% of females, as compared to only 2.35% of males. CPs, female and Hispanic rejected job applicants, filed charges alleging that their rejections, based on failure to meet the minimum height requirement, were discriminatory because their 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. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? 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. Your are also quite skinny even for someone of your height. 131 M Street, NE 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. aides. Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. females. R had no Black pilots, and no Blacks were accepted as pilot trainees. 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 . Official websites use .gov Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. are in the minority. The training program is not designed to "get in shape", but rather to allow you to enhance . 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 Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). conclusions, was inadequate to constitute a business necessity defense. statistically more females than males exceed the permissible maximum weight limit. Citizenship: A U.S. citizen or permanent resident with a valid Green Card. to support its contention. subject to the employees' personal control. The respondent must consider individual abilities and capabilities. The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or Labor, Office of Federal Contract Compliance Programs. The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. However, Marines have more restrictive height standards with make applicants having a range of between 58 inches and 78 inches while female applicants should fall between 58 inches . * As an example, protected groups were disproportionately excluded from consideration. 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. Of Title VII is not violated by a respondent 's failure to hire Hispanics who exceed the maximum allowable size. The charge is filed by members of a disproportionate number of women White. 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