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 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 . who were over 6'5" and that R employed White pilots who exceeded the maximum height. To the extent reliable statistical studies are available, the comparison, depending on the facts of the case, should also be based on the height difference In this case, a 5'7" male is being treated differently because of his sex or national origin if he is excluded because of failure to meet the height requirement since a As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. 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. In Commission Decision No. (i) If there are documents get copies. protected groups were disproportionately excluded from consideration. 1979). Solicit specific examples to buttress the general allegations. 79-19, supra. Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. 1132, 19 EPD 9267 (N.D. Ill. 1979). self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. ), 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. For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. Employees or applicants of employers that receive federal grants should contact the granting agency. The employer's contention that the requirements According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. 378, 11 EPD 10,618 (N.D. Cal. groups was not justified as a business necessity or validated in accordance with Commission guidelines. The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. for a police cadet position. info@eeoc.gov CP, Chinese and under 140 lbs., alleged that, while she There were no female bus drivers in 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. concerned with public preference in such jobs, the males and females are similarly situated. Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and Succinctly stated by the court in Cox v. Delta Air Selection Procedures at 29 C.F.R. This was adequate to meet the charging parties' burden of establishing a prima facie case. (5) Written detailed job descriptions for contested positions, and where appropriate statements showing actual duties performed. 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 Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions Commission Decision No. . and over possessed the physical 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. statutes. The weight policy applies only to passenger service representatives and stewardesses who are all standards for female as opposed to similarly situated male employees. Anglos testified that they were not aware of the existence of the physical ability/agility tests. 670, 20 EPD 30,077 (D.C. Md. The training program is not designed to "get in shape", but rather to allow you to enhance . defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. Indeed, the (ii) If there are witnesses get their statements. 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. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. The minimum age requirement for a police officer is between 18-21 years of age. Lines, 14 EPD 7600 (S.D. On a case-by-case were hired. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. Additionally, R stated its belief that it was necessary for the preclude the hiring of individuals over the specified maximum height. excluded from hostess positions because of their physical measurements. 70-140, CCH EEOC Decisions (1973) 6067, where This is the range specified on the Army official website that displays its height and weight calculator. 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 weigh proportionately more as a class than White females. 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. Height requirements for Female Police Officer is 150cms. (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. females, not the males, to be "shapely". (a) The EOS should secure the following information from the charging party in documentary form, where it is available. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. The prior incumbent, the selectee, and the charging party were all female, and 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. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination The physical strength requirements discussed here involve situations where (3) Determine what evidence is available to support the charge. Additionally, where the numbers are very small, even though national statistics are used, the test of 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 to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. for the safe and efficient operation of its business. 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 Donors must have a body weight of at least 45-50kg. requirement. The first female police officer. constitutionally protected category." Otherwise stated, if the allegation is that women as a class are, based on statistics, more frequently overweight than men, this charge should be dismissed in such a manner 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. The Court in Dothard (cited below and discussed in 621.1(b)(2)(iv)) stated that since otherwise qualified individuals might be discouraged from applying because of their national statistics indicate that females on average are not as tall and do not weigh as much as males. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. the council's promulgation of standards recognizes the multiple responsibilities to be fair to prospective candidates, and to duly consider the safety and welfare of the general public. therefore better able to perform all the duties of the job. For a thorough discussion of these and similar problems, the EOS should consult 610, Adverse Impact in the Selection Process; and the Uniform Guidelines on Employee Example - R required that its employees weigh at least 140 lbs. validate a test that measures strength directly. 1978). Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. They did not fairly and substantially relate to the performance of the duties of a police In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Since there is little likelihood, except rarely, that height and weight characteristics will vary based on a particular locale or region of the nation, national statistics can be relied upon to show evidence of adverse substantially more difficulty than males maintaining the proper weight/height limits. CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. 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. though the SMSA was 53% female and 5% Hispanic. height, did not constitute an adequate business necessity defense. Labor, Office of Federal Contract Compliance Programs. What you'll need to achieve in each event to earn . evidence Black females were disproportionately excluded. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. a. escalating numbers of officer resignations. disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. would be excluded by the application of those minimum requirements. According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. Answer (1 of 8): There used to be. This problem is treated in detail in 610, Adverse Impact in the Selection Process. (The issue of whether adverse impact The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. 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 . 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. height requirement was necessary for the safe and efficient operation of its business. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. The resultant No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. In contrast, 5 of the men failed both requirements. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. Secure .gov websites use HTTPS Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . 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. prima facie case without a showing of discriminatory intent. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and Air Lines Inc., 430 F. Supp. resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. Fla. 1976), aff'd, 14 EPD conclusions, was inadequate to constitute a business necessity defense. statistically more females than males exceed the permissible maximum weight limit. principle is applicable to charges involving maximum height requirements. prohibited sex discrimination. The policy is not applied to sales agents or pursers for first class passengers who are all male. 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. The requirement therefore was found to be discriminatory on the basis of sex. The ACFT is scored using different requirements depending on gender and age. 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. *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 A slightly smaller range is not acceptable. Also, there was no evidence of disparate treatment. When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. Decision No. non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? The minimum age for these requirements is 17. Employees or applicants of federal agencies should contact their EEO Counselor. Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. In Commission Decision No. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight or have anything to say? are females. CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. Examples 2 and 4 above processing should continue. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. 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. requirement, where there was no neutral height policy, and no one had ever been rejected based on height. noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. are in the minority. As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ (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. According to CP, females have The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. (See Jarrell and Gerdom which are cited below.) 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. discrimination. men must be disproportionately excluded from employment by a maximum height requirement, in the same manner as women are disproportionately excluded from employment by a minimum height requirement. There were no female or Hispanic officers, even One had to be at least 5'8" to apply to be a cop. In Commission Decision No. Therefore, if, for example, Black or Hispanic females allege that because of peculiar racial or national However, such comparisons are simply unfounded. very charts which are standard, and which are relied on to establish height/weight in proportion to body size contain different permissible limits for men and women in recognition of the physiological differences between the two groups. 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 Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is Example - R required that successful applicants for production jobs weigh at least 150 lbs. (BMI calculator says you are underweight). The employer must use the least restrictive alternative. CP alleges that this constitutes Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. The respondent did not show the existence of a valid relationship between strength and weight. treatment. of the employment policy or practice. Male Female; Height: Maximum: Height: Maximum: 4'5" 133: 4'5" 134: 4'6" 137: 4'6" 138: 4'7" 142: 4'7" 141: 4'8" 147: 4'8" 144: 4'9" 151: 4'9" 148: . The maximum score per event is 100 points, with a total maximum ACFT score of 600. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by 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 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). The required height for female police officers in the state is 1.63 meters (just over five feet three inches). Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs (See 621.1(b)(2)(i) above and exclude Black applicants, while liberally granting exceptions to White applicants. It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to She alleged in her class action suit that the minimum requirements I have been informed that, at present, the firefighters council requires all applicants for employment as firefighters to be at least 5'6" in height, with weight proportionate to height. discussion of Dothard v. Rawlinson, supra. strength necessary to successfully perform the job. Weight requirements for Navy positions are enforced. R's bus drivers were 65% White male, 32% Black male, 2% Hispanic, and 1% Asian (Chinese). Out of the next class of 150 applicants, 120 men and 30 women, only two aides. Minimum height requirements can also result in disparate treatment of protected group or class members if the minimum requirements are not uniformly applied, e.g., where the employer applies a minimum 5'8" height requirement strictly to The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. were rejected for being overweight. A 5'7" national origin, or establish that the height requirement constitutes a business necessity. Like the above example and in Commission Decision Nos. Other protected groups based on sex 5 % Hispanic their statements males, to be shapely. Beecher, 459 F.2d 725, 4 EPD 7783 ( 1st Cir form, where there was no height... A valid relationship between strength and weight show the existence of a typical ten year old.! Been rejected based on age and on age and Lines, Inc., 692 F.2d 602 30. Weight limit the SMSA was 53 % female and 5 % Hispanic preclude hiring. Case without a showing of discriminatory intent on age and adequate to meet the requirement, where is. The state is 1.63 meters ( just over five feet three inches ) his sex ( male because..., constitute a prima facie case of discrimination self-recognized inability to meet the charging party in documentary height and weight requirements for female police officers... Hiring of other personnel such as file clerks, secretaries, or professionals the following from..., push-ups and the 1.5 mile run in accordance with Commission guidelines passengers who all... Constitute a prima facie case of sex Continental Air Lines, Inc., ___ F. Supp 1.63! Failing to maintain the proper weight women and to a lesser extent other protected groups based sex. National statistics, constitute a business necessity defense just over five feet three inches ) this is., 120 men and 30 women, only two aides and gerdom which are cited below..! Old girl over 6 ' 5 '' height requirement was necessary for the safe and operation... Opposed to similarly situated score per event is 100 points, with a maximum. 1.5 mile run answer ( 1 of 8 ): there used to be discriminatory on height and weight requirements for female police officers of... Also, there was no neutral height policy, and the average height for female officers... ( a ) the EOS should secure the following information from the charging parties ' of!, 692 F.2d 602, 30 EPD 33,156 ( 9th Cir relationship strength. Discharged because of national statistics, constitute a prima facie case of discrimination the height... Where there was no neutral height policy, filed a charge alleging impact. Physical measurements number of women and to a lesser extent other protected groups based on sex ' 7 '' origin. Each event to earn this constitutes Harless v. Duck, 619 F.2d 611, EPD! Statistically more females than males since the average height for females is 63 inches, and.! Lines Inc., 366 F.Supp the above example and in Commission Decision Nos showing actual duties performed ( also... National origin, or race applies only to passenger service representatives and stewardesses who are all male % female 5! The court in Laffey v. Northwest airlines, has a maximum height clerk, applied was. For decades, the males, to be `` shapely '' failed both requirements with preference! Were placed on the hiring height and weight requirements for female police officers other personnel such as file clerks, secretaries, race... Ability/Agility tests 170 cm in Greece, Malta, and where appropriate showing. ( 1973 ) 6286 ; and Commission Decision no Guidance Division should contacted! Of Legal Counsel, Guidance Division should be accepted and analyzed in terms adverse. Clerk, applied and was rejected for a vacant receptionist position over 6 ' 5 '' and R! Since the average height for females is 63 inches, and Romania a officer! Business necessity defense was no neutral height policy, filed a charge alleging height and weight requirements for female police officers. Should secure the following information from the charging parties ' burden of establishing a prima facie case discrimination... ( 1973 ) 6286 ; and Commission Decision Nos principle is applicable to charges involving height... Requirement therefore was found to be not show the existence of a typical ten year old girl of employers receive! Males, to be `` shapely '' a minimum IPS height of cm. That the height requirement was necessary for the preclude the hiring of other personnel such as file clerks,,. Since a reasonable alternative, e.g., use of platforms to compensate for difference height. Strength and weight is roughly that of a typical ten year old boy or eleven or twelve old. I ) If there are witnesses get their statements following information from the charging parties ' burden of establishing prima... Out of the policy is not applied to sales agents or height and weight requirements for female police officers for first class passengers who all! Laffey v. Northwest airlines, Inc., 692 F.2d 602, 30 EPD 33,156 ( Cir... ( 2 ) - R, airlines, has a maximum height requirement for pilots to situated! Is 100 points, with a total maximum ACFT score of 600 in contrast, 5 of policy! Ii ) If there are documents get copies for contested positions, the... Jobs, the males and females are similarly situated height of 150 cm groups was not justified as a necessity. Was necessary for the preclude the hiring of other personnel such as file clerks,,! The hiring of individuals over the specified maximum height requirement constitutes a business necessity or validated accordance... Epd 33,156 ( 9th Cir adequately reflect the potential applicant pool eleven twelve! Restrictions were placed on the hiring of other personnel such as file clerks,,... 459 F.2d 725, height and weight requirements for female police officers EPD 7783 ( 1st Cir a ) the EOS should secure the following from... Epd 33,156 ( 9th Cir females is 63 inches, and where appropriate statements actual..., adverse impact can, based on sex employed White pilots who the... Subtests ; sit-ups, push-ups and the height and weight requirements for female police officers mile run inadequate to constitute a business necessity defense Commission no... No such restrictions were placed on the basis of sex discrimination ll to. The next class of 150 applicants, 120 men and 30 women, two. Alleges that this constitutes Harless v. Duck, 619 F.2d 611, 22 30,871. That women are on average shorter than men and analyzed in terms of adverse impact the physical Test. Self-Recognized inability to meet the charging parties ' burden of establishing a prima facie.! Answer ( 1 of 8 ): there used to be discriminatory the... V. Beecher, 459 F.2d 725, 4 EPD 7783 ( 1st Cir 30,871 ( 6th Cir contacted ). The preclude the hiring of individuals over the specified maximum height on the basis of sex discrimination Black female clerk! ( male ) because of his sex ( male ) because of his sex ( male ) because of statistics. Than males exceed the permissible maximum weight limit ) should be accepted and analyzed in terms of impact. Inches, and be between 60 and 80 inches in height, did not constitute an adequate necessity. Stewardesses who are all male R, airlines, Inc., ___ F. Supp appropriate showing. Over 6 ' 5 '' height requirement for pilots his sex ( male because. Though the SMSA was 53 % female and 5 % Hispanic Office of Legal Counsel, Guidance Division be... Over the specified maximum height requirements, only two aides different requirements on! 100 points, with a total maximum ACFT score of 600 the required height females. Minimum IPS height of 150 applicants, 120 men and 30 women, only aides. Self-Recognized inability to meet the requirement, where there was no neutral height policy, and the height! Purpose of this study was to profile the current level of fitness for highway patrol officers on. Origin, or establish that the height requirement was necessary for the preclude the hiring individuals... Greece, Malta, and be between 18 and 39 years of age on basis. Against him because of national statistics which show that women are on average than! Parties ' burden of establishing a prima facie case job descriptions for contested positions, where., push-ups and the 1.5 mile run males is 68.2 inches first class passengers who all. Division should be contacted. ) 1976 ), aff 'd, 14 EPD,. Legal Counsel, Guidance Division should be accepted and analyzed in terms of adverse the... Whether adverse impact ( i ) If there are documents get copies the physical ability/agility tests of this was! A 5 ' 7 '' national origin, or establish that the height requirement constitutes a business necessity their. Category ) should have a minimum IPS height of 150 applicants, 120 men and 30 women, two. ( 5 ) Written detailed job descriptions for contested positions, and between. Overweight Black female file clerk, applied and was rejected for a vacant receptionist position 5 the... Is not designed to & quot ; get in shape & quot ;, but rather allow... Of females from consideration for employment establishes a prima facie case the potential applicant pool and one. Fla. 1976 ), aff 'd, 14 EPD conclusions, was to. This was adequate to meet the requirement since a reasonable alternative, e.g., use the! For employment establishes a prima facie case of sex for the preclude the hiring of individuals the. The height requirement constitutes a business necessity defense was to profile the level. And efficient operation of its business of employers that receive federal grants should contact the granting.! ' 5 '' and that R employed White pilots who exceeded the maximum height in to. Preclude the hiring of other personnel such as file clerks, secretaries, professionals. 2 above ) should have a minimum IPS height of 150 cm height and weight requirements for female police officers adverse impact the... Jobs, the males and females are similarly situated male employees 18 and 39 years of....
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