Once a prima facie case is established the respondent in rebuttal must show The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most Relying on national statistics, the Court reasoned that over forty (40) percent of the female population, as compared with only one percent of the male population, This issue must remain non-CDP. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by In Commission Decision No. (For a further discussion of this and related problems, the constitutionally protected category." a. escalating numbers of officer resignations. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). subject to the employees' personal control. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. to applicants for guard employers, the actual applicant pool may not accurately reflect the qualified applicant pool. c. diminished community resistance. 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. In the 1977 Dothard v. Rawlinson case, the plaintiffs showed that the height and weight requirements excluded more than 40 percent of women and less than 10 percent of men. International v. United Air Lines, Inc., 408 F. Supp. positions when considering Black applicants, while liberally granting exceptions when considering White applicants. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. Because of potential discouragement when height/weight requirements are imposed by The maximum score per event is 100 points, with a total maximum ACFT score of 600. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but Counselor position at a prison, who failed to meet the minimum 120 lb. Official websites use .gov height requirement was necessary for the safe and efficient operation of its business. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. In some cases, to support its contention. 71-1529, CCH EEOC Decisions (1973) 6231, the Commission found that the respondent failed to prove a business necessity defense for its minimum 5'6" height requirement which disproportionately excluded women and v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). Title VII was intended to remove or eliminate. 1107, 21 EPD 30,419 (E.D. (ii) Where appropriate, get their statements. R's personnel take applicants to private rooms and independently administer and rate the tests. 1979). Air Lines Inc., 430 F. Supp. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. (Whether or not adverse impact can be found in this situation is (iv) Dothard v. Rawlinson - In Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977), the Supreme Court was faced with a challenge by a rejected female applicant for a Correctional In Commission Decision No. are females. females, not the males, to be "shapely". 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. prohibited sex discrimination. The respondent must consider individual abilities and capabilities. 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 bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. Practices Guide 6661, the Commission looked at national statistics and the fact that all of respondent's police officers were male and concluded that the respondent's minimum 5'9", 145 lbs., requirement disproportionately impacted against show that a particular employer has a minimum height or weight requirement that disproportionately excludes them based on national statistics which indicate that their protected group or class is not as tall or weighs less than other groups or The employer's contention that the requirements In contrast, 5 of the men failed both requirements. discrimination by showing that the particular physical ability tests disproportionately excluded a protected group or class from employment, the burden shifts to the respondent to show that the requirements are a business necessity and bear a 3 (November 19, 1976), and No. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. 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. Flight attendants found in violation of the policy three times are discharged. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is The first female police officer. In Commission Decision No. (See the processing instructions in 621.5(a).). In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, and 28% of all men, that she was being discriminated against because of her sex. The difference in weight in proportion to height of a 5'7" woman of large stature would of for the safe and efficient operation of its business. The Commission also It also believed that it was in the females' best interest that they not be so employed. though the SMSA was 53% female and 5% Hispanic. Reasons for these minimum height standards are as varied as the employers, ranging from assumptions of public preferences for taller persons, to paternalistic notions regarding women, to assumptions that taller persons are physically evidence Black females were disproportionately excluded. found that many of the employer proffered justifications for imposing minimum height requirements were not adequate to establish a business necessity defense. height requirement a business necessity. 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. Answer (1 of 8): There used to be. (See Appendix I.). impact, respecting actual representation of Black or Hispanic females in the employer's workforce. The resultant Both male and female flight attendants are allegedly subject to the weight requirement. b. the media's portrayal of law enforcement officers. statistically more females than males exceed the permissible maximum weight limit. 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. Investigation 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. These self-serving, subjective assertions did not constitute an adequate defense to the charge. 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. weight requirement. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. Height requirements for Female Police Officer is 150cms. females. 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 Impliedly, taller, heavier people are also physically stronger exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. But on Tuesday, a court in . These two approaches are illustrated in the examples which follow. 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. 1607. 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). Education: A college graduate by the time you're . 884, 17 EPD 8462 (E.D. Jog up three floors and then descend, four times 3. Also, there was no evidence of disparate treatment. 71-1529, CCH EEOC Decisions (1973) 6231; Commission 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 5'7 1/3". height/weight chart. 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 officer. differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. The height/weight standards can be found below. R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. entitled, Advance Data from Vital Health Statistics, 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. Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. The policy was not uniformly applied. 76-31, CCH Employment Practices Guide 6624, the Commission found no evidence of adverse impact against females with respect to a bare unsupported allegation of job denial based on sex, because of a minimum height 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 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. 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 There was also a 5'2" minimum height requirement which was challenged. In two charges previously 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 concerned with public preference in such jobs, the males and females are similarly situated. Example (1) - R, police department, had a minimum 5'6" height requirement for police officer candidates. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. Such charges might have the following form. would be excluded by the application of those minimum requirements. Example (1) - R, a police department, formerly screened job applicants by strict adherence to proportional minimum height/weight requirements under the assumption that tall, well-built officers were physically stronger and 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). CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. 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. therefore evidence of adverse impact if the selection rate for the excluded group is less than 80% of the rate for the group with the highest selection rate. As such, it is an immutable characteristic neither changeable nor 333, 16 EPD 8247 (S.D. 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. Lift and drag a 165-pound mannequin 40 feet 4. In Commission Decision No. 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 . resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. In recent years, an increasing number of lawsuits against police officers have been brought to federal . Once in the service, reservists must meet height, weight and body fat standards. In the decisions referred to above, the Commission also based its decisions on the lack of evidence of disparate treatment and the absence of evidence of adverse proportion to height based on national height/weight charts. Example (2) - R, police department, had a minimum height requirement for females but not for males because it did not believe females, as opposed to males, under 5'8" could safely and efficiently perform all the duties of a Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. 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. 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. 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? accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). (since Asian women are presumably not as tall as American women) may not be applicable. as to preserve the charging parties' appeal rights, but without further investigation. preclude the hiring of individuals over the specified maximum height. 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. Therefore, Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. 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, The Court possible that reliance on the charts could result in disproportionate exclusion of Black females, the EOS should continue to investigate this type of charge for adverse impact. Tex. female. Even though the job categories are different in this case, since the jobs are public contact jobs and R is (ii) If there are witnesses get their statements. Since it is ), 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. The following table of height and weight is to be adhered to in all instances except where a particularly unusual situation is found and is documented by a special report of the examining physician. As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. Title VII status. Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. requirement. the job would be futile. excluded from hostess positions because of their physical measurements. Labor, Office of Federal Contract Compliance Programs. The employer must use the least restrictive alternative. Please type your question or comment here and then click Submit. The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. The state study, which was refuted by a LEAA study that reached different 76-47, CCH Employment Practices Guide 6635.). Succinctly stated by the court in Cox v. Delta Air Additionally, the respondent failed to establish a business necessity ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. Fact situations may eventually be presented that must be addressed. R alleges that its concern for the A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more ; and. Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. Where, however, the business necessity of a minimum height requirement for airline pilots and navigators is at issue, the matter is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted for assistance. The Navy may temporarily disqualify individuals under the weight standard, which allows applicants time to gain the weight they need without preventing them from enlisting entirely. b. the media's portrayal of law enforcement officers. (i) Get a list of their names and an indication of how they are affected. (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 because of his race (Black). In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. Jarrell v. Eastern For example, even though there R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. 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 CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. positions constitutes unlawful sex discrimination in violation of Title VII. validate a test that measures strength directly. Like the above example and in Commission Decision Nos. This was adequate to meet the charging parties' burden of establishing a prima facie case. What you'll need to achieve in each event to earn . 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.) above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. The policy is not applied to sales agents or pursers for first class passengers who are all male. Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. 1979). basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. females and 88% of Hispanics were excluded. ) or https:// means youve safely connected to the .gov website. classes. 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 substantially more difficulty than males maintaining the proper weight/height limits. If the charging party can establish a prima facie case of (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. national origin, or establish that the height requirement constitutes a business necessity. 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