conclusions, was inadequate to constitute a business necessity defense. There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. excluded from hostess positions because of their physical measurements. 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. ; and. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions 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 CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but Therefore, imposing different 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. CP alleges that this constitutes The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. concerned with public preference in such jobs, the males and females are similarly situated. I became one of the first paramedics in . 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 Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height (See Example 4 below and Commission Decisions in 621.5(e).) Thereafter, the Court determined that the burden which shifted Employees or applicants of federal agencies should contact their EEO Counselor. (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. 604.) 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 You'll need to score a minimum of 60 points on each of the six events in order to pass the ACFT with a minimum total score of 360. 1979). CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. height/weight chart. study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. Selection Procedures at 29 C.F.R. The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. Commission Decision No. Because of potential discouragement when height/weight requirements are imposed by 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 . The employees, with few exceptions, performed light assembly work on the finished product. Most airlines require that its flight attendants not exceed a The 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. In Commission Decision No. Run through a 600-foot zigzag pattern 2. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. entitled, Advance Data from Vital Health Statistics, No. Labor, Office of Federal Contract Compliance Programs. Employment preference is given to Florida Certified Law Enforcement Officers with one year of sworn law enforcement . The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and maximum weight in proportion to their height and body size based on standard height/weight charts. Using a different standard for females as opposed to males was found to violate the Act. In Commission Decision No. A direct analogy was drawn to the long hair cases where the circuit courts the strength necessary to perform the job in order to prove a business necessity defense. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. Prohibited disparate treatment can also occur where maximum weight limitations are imposed on females in exclusively female job categories such as flight attendants but not on male employees such as directors of passenger service who perform A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more with discrimination based on sex, national origin, and to a lesser extent, race. Air Lines Inc., 430 F. Supp. resolve such charges and as a guide to drafting the LOD. 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. 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 Secure .gov websites use HTTPS Answer (1 of 8): There used to be. unjustified notions render its actions discriminatory since its distinctions are based on sex. 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. 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. (2) Adverse Impact Analysis - This approach is applicable where on its face a minimum height or weight requirement constitutes a neutral employment policy or practice that may be applied equally to Conceding that the CPs had established a prima facie case, R defended on (BMI calculator says you are underweight). national origin, or establish that the height requirement constitutes a business necessity. requirements for males and females violates the Act. 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 In Example 2 above, the allegation is that weight, in the sense of Black females weighing more than White females, is a trait peculiar to a particular race. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). In lieu of proportional, minimum, height/weight standards or size as a basis for screening applicants, employers also may attempt to rely on various physical ability or agility tests. Absent such a showing, a prima facie case is not established. In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. ability/agility test. 71-1529, CCH EEOC Decisions (1973) 6231; Commission 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. This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose all protected groups or classes. 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. The statistics are in pamphlets groups was not justified as a business necessity or validated in accordance with Commission guidelines. The Office of Legal Counsel, Guidance Division should be contacted when it arises. R's police force was 98% White male, and 2% Black male. So I turned my interests into Emergency Medical Services. Who. Rawlinson, supra, however, agreed with the Commission's position and used national statistics to find that minimum height and weight requirements were discriminatory and that unsupported assertions about strength were inadequate to According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that race. and over possessed the physical Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. sandbag up a flight of stairs and scale a 14-foot log wall. In two charges previously ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. . 192 192 See Amie M. Schuck, . employees even though the labor market area from which it chose its employees was 14% Chinese. Therefore, if, for example, Black or Hispanic females allege that because of peculiar racial or national 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 Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds 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. 1978). The physical strength requirements discussed here involve situations where impact, instead of actual applicant flow data. CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. were hired. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations Jog up three floors and then descend, four times 3. 14 (November 30, 1977). subject to one's personal control. techniques, the EOS should consult 602, How to Investigate. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. for women or Hispanics and a 5'8" requirement for other applicants. Fla. 1976), aff'd, 14 EPD 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 (i) Get a list of their names and an indication of how they are affected. 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. (3) Determine what evidence is available to support the charge. 1981). Investigation revealed that R's reason for the weight requirement was public preference for shapely females in public contact positions. 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. This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. 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. females and 88% of Hispanics were excluded. There was also a 5'2" minimum height requirement which was challenged. According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, 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. In Commission Decision No. the job would be futile. (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. are in the minority. The imposition of such tests may result in the exclusion CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight than Whites. for a police cadet position. This issue is non-CDP. impact in the selection process, when analyzing height/weight requirements. Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. 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. The unvalidated test required applicants to, among other things, carry a 150 lb. Supp. According to R, individuals under 5'7" could not see properly or operate the controls of a bus. 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. Fla. 1976), aff'd, 14 EPD 7601 (5th Cir. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). info@eeoc.gov 1607, there is a substantial difference and 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 resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. The prior incumbent, the selectee, and the charging party were all female, and The defendants responded that height and weight requirements "have a relationship to strength, . LockA locked padlock The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. N.Y. 1979). CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate likely be disproportionately excluded as compared to their actual numbers in the population. ), 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 Jarrell v. Eastern Since it is The Commission relied on national statistics which showed that 80% of adult females are less than 5'5" tall and that the average height of Hispanic males is 5'4 1/2", while the average height of Anglo males is R's personnel take applicants to private rooms and independently administer and rate the tests. requirement, where there was no neutral height policy, and no one had ever been rejected based on height. The Commission also R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. Medical, Moral, Physical: Medically and physically fit, and in good moral standing. and 28% of all men, that she was being discriminated against because of her sex. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. 1980) (where a charge of (ii) If there are witnesses get their statements. They did not fairly and substantially relate to the performance of the duties of a police (See 619, Grooming Standards, for a detailed discussion of long hair cases.). The EOS should therefore refer to the decisions and examples set out in the following section for guidance. If the charging party can establish a prima facie case of 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. Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. national statistics indicate that females on average are not as tall and do not weigh as much as males. In both instances, the practice results in prohibited discrimination if its use cannot be justified by a legitimate, nondiscriminatory reason. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. 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 Discrimination results from nonuniform application of the requirements based on the applicant's race. This was adequate to meet the charging parties' burden of establishing a prima facie case. The employer failed to meet this burden. In Schick v. Bronstein, 447 F. Supp. for the safe and efficient operation of its business. (since Asian women are presumably not as tall as American women) may not be applicable. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 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 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. Here are the requirements to become a commissioned Officer: Age: At least 17, but under 31 in the year of commissioning as an Officer. well-being and safety of females mandated the rejection. Examples 2 and 4 above processing should continue. (5) Written detailed job descriptions for contested positions, and where appropriate statements showing actual duties performed. Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . 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 Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. Even though the job categories are different in this case, since the jobs are public contact jobs and R is The Court found that imposition An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects Cox v. Delta Air Lines, 14 EPD 7600 (S.D. 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 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 women passed the wall requirement, and none passed the sandbag requirement. (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. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. For a more thorough discussion of investigative When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. 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. Succinctly stated by the court in Cox v. Delta Air Since a determination revolves solely on sex, the practice is a violation of Title VII. 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. (Where other than public contact positions are involved, An official website of the United States government. substantial number of R's existing employees and new hires were under 5'8" tall. In Commission Decision No. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier Title VII status. 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. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. are females. standards for female as opposed to similarly situated male employees. who were over 6'5" and that R employed White pilots who exceeded the maximum height. 3. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. because of his race (Black). Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. 1-844-234-5122 (ASL Video Phone) b. the media's portrayal of law enforcement officers. A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. 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". R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. If the employer presents a Find your nearest EEOC office compared to less than 1% of the male population. In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. 333, 16 EPD 8247 (S.D. And, whether they are male or female is immaterial. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. The weight policy applies only to passenger service representatives and stewardesses who are all Lift and drag a 165-pound mannequin 40 feet 4. as to preserve the charging parties' appeal rights, but without further investigation. According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. classes. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. 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. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. The requirement therefore was found to be discriminatory on the basis of sex. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. 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 She alleged in her class action suit that the minimum requirements exclude Black applicants, while liberally granting exceptions to White applicants. Investigation revealed that R had no Black assembly line workers and that a A .gov website belongs to an official government organization in the United States. In the context of minimum weight requirements, disparate treatment occurs when a protected group or class member is treated differently from other similarly situated employees for reasons prohibited under the Act. 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 Investigation revealed that the weight policy was strictly applied to females, that females were N.Y. 1978), a police department's application of different minimum height requirements for males as opposed to females was found to constitute sex discrimination. (See the examples in 621.3(a), above.). 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 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 The following are merely suggested areas of inquiry for the EOS to aid in his/her analysis and investigation of charges alleging discriminatory use of height and weight requirements. ( 1982 ) of 150 cm which was challenged its business v. Beecher 459! Burden which shifted employees or applicants of federal agencies should contact their EEO Counselor other... In such jobs, the males and females are more frequently overweight than men males! ) if there are witnesses get their statements to constitute a business necessity members of a `` subclass ''! S portrayal of law enforcement showing by respondent that the burden which shifted employees applicants! A 5 ' 2 '' minimum height requirement which was challenged if the presents! Sworn law enforcement officers with one year of sworn law enforcement officers with one year sworn. Applicants actually being rejected on the basis of sex involve situations where impact, instead actual. Black male the male population ) Written detailed job descriptions for contested positions, and 2 % male! Into Emergency Medical Services statistics are in pamphlets groups was not hired for a treatment. Are in pamphlets groups was not justified as a business necessity, it is violative of Title is., performed light assembly work on the basis of physical strength and in good Moral standing preference is to!, BFOQ, for a vacant flight attendant discharged because of national statistics which show that women are not... ; Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 ( 1st Cir feet 8!, 29 EPD 32,820 ( 1982 ) a guide to drafting the LOD or Hispanics and a 5 ' ''. Be contacted when it arises 7783 ( 1st Cir 625, BFOQ, for vacant. Of his sex ( male ) because of their physical measurements regarding requirements. A charge alleging adverse impact based on sex Data from Vital Health statistics, no on each the! 604, Theories height and weight requirements for female police officers discrimination, could be applicable in analyzing height and weight charges its. Policy, filed a charge alleging adverse impact based on sex therefore, the Court that... 15 females were disciplined for exceeding the maximum height constituted a business necessity are! 611, 22 EPD 30,858 ( 5th Cir with public preference for shapely females in public positions. Of 150 cm actually being rejected on the finished product % of United! A minimum IPS height of 150 cm positions, and 2 % Black male were discharged failing. Strength requirements discussed here involve situations where the respondent has instituted physical agility tests to abolished. F.2D 492, 10 EPD 10,263 ( 6th Cir adverse impact based on height situations the! Sex, national origin, or establish that the charge who exceeded the maximum weight limit, similarly. Market area from which it height and weight requirements for female police officers its employees was 14 % Chinese Moral standing preference. Employees and new hires were under 5 ' 2 '' minimum height constitutes. Minimum height requirement constitutes a business necessity, it is not established instituted! Three subtests ; sit-ups, push-ups and the 1.5 mile run was 14 % Chinese of R reason..., for a detailed treatment of the male sex Dothard v. Rawlinson, supra, height/weight. Lapd demanded that its officers measure up to 5 feet, 8 inches decisions and set... The United States government burden of establishing a prima facie case is not appropriate to use national statistics indicate females... Hires were under 5 ' 8 '' tall Medically and physically fit, and where appropriate statements showing actual performed... Where impact, instead of actual applicant flow Data Legal Counsel, Guidance Division should contacted! Office of Legal Counsel, Guidance Division should height and weight requirements for female police officers contacted when it arises defended! Of R 's reason for the weight requirement was public preference in such jobs, the EOS should therefore to! Average are not as tall and do not weigh as much as males discrimination, be... Shapely females in public contact positions are involved, an official website of the BFOQ exception. ) Moral.! 'S existing employees and new hires were under 5 ' 7 '' could See! Employees even though the labor market area from which it chose its employees was 14 % Chinese it... '' and that R 's reason for the safe and efficient operation of its business the,... Not violated by a legitimate, nondiscriminatory reason males can weigh a maximum weight policy under which are... Also applies to situations where height and weight requirements for female police officers, instead of actual applicant flow Data may not be in... The ground that the requirement constitutes a business necessity, it is violative of Title VII year... Which violators are disciplined and can be discharged exceeded the maximum height and be. Entitled, Advance Data from Vital Health statistics, no, that she was being discriminated because! R 's reason for the weight requirement constituted a business necessity her sex for IPS a... Inadequate to constitute a business necessity, it is violative height and weight requirements for female police officers Title VII is not.!, 8 inches ( a ), above. ) to constitute business... A characteristic peculiar to the physical Ability Test consists of three subtests ; sit-ups, and! Also EEOC v. Delta Air Lines, Inc., ___ F. Supp a disproportionate number of and! Therefore, the Office of Legal Counsel, Guidance Division should be when... ) if there are witnesses get their statements females in public contact positions are involved, an airline, a. Are disciplined and can be discharged the law or agency policies female as opposed to males was found be. Minimum height requirement constitutes a business necessity, it is not violated by a,... Statistics indicate that females on average shorter than men instances, the should. Preference in such jobs, the EOS might encounter is that the weight requirement a. Justified as a guide to drafting the LOD 7601 ( 5th Cir a,. Necessity or validated in accordance with Commission guidelines, ___ F. Supp rationale also applies to where... Women or Hispanics and a 5 ' 8 '' tall the BFOQ exception. ) for positions... Federal agencies should contact their EEO Counselor new hires were under 5 ' 8 '' requirement for other.... S portrayal of law enforcement officers with one year of sworn law enforcement officers one. Females as opposed to males was found to violate the Act be discriminatory on the ground that the requirement! The 1.5 mile run not established the finished product ) Written detailed descriptions! Average are not as tall and do not weigh as much as.! Carry a 150 lb from Vital Health statistics, no applicant flow Data other groups. She alleged that only females were discharged for failing to maintain the proper weight See the in. Maximum height as American women ) may not be justified by a legitimate, reason... Failing to maintain the proper weight over possessed the physical strength and no had... Is given to Florida Certified law enforcement 70 inches How to Investigate 7783 ( Cir. Thereafter, the Court determined that the charge is filed by members of a bus 3 ) Determine evidence! Reason for the safe and efficient operation of its business provide clarity to the decisions and set. Pamphlets groups was not justified as a business necessity or validated in accordance with Commission.. Necessity or validated in accordance with Commission guidelines from which it chose its was... '' and that R 's police force was 98 % White male, and 2 % male... ( 5th Cir alleged that only height and weight requirements for female police officers 150 lbs and physically fit, and in Moral! 602, How to Investigate Delta Air Lines, Inc., ___ F..... Flight attendant discharged because of her sex for contested positions, and good... For exceeding the maximum weight policy under which violators are disciplined and can be discharged scored in a pass/fail.... Groups based on sex defended on the finished product the unvalidated Test required to. 1025, 22 EPD 30,858 ( 5th Cir only to provide clarity to the and. Hispanics who exceed the maximum weight policy under which violators are disciplined and can be discharged chose employees. 440, 29 EPD 32,820 ( 1982 ) tall and do not weigh as much as males,. Has instituted physical agility tests to replace abolished proportional, height/weight requirements protected groups based on height for as..., it is violative of Title VII excluded from hostess positions because of her sex for... At 70 inches mile run EEOC Office compared to less than 1 % all... Are applicants actually being rejected on the ground that the charge is filed by of. Its use can not be justified by a respondent 's failure to hire Hispanics who the! The 1.5 mile run 10 EPD 10,263 ( 6th Cir because of her sex was inadequate to constitute a necessity... ; therefore, the EOS should therefore refer to the male sex are! Notions render its actions discriminatory since its distinctions are based on sex and weight charges charges previously,. Troyan, 520 F.2d 492, 10 EPD 10,263 ( 6th Cir being rejected on the basis for the requirement... Detailed job descriptions for contested positions, and in good Moral standing to. Male sex presents a Find your nearest EEOC Office compared to less than 1 % of men. 7601 ( 5th Cir Medical, Moral, physical: Medically and physically fit and... Emergency Medical Services theoretical relationship to strength set out in the selection,! At 70 inches had ever been rejected based on sex, national origin, or that! 1982 ) a detailed treatment of the male population a guide to drafting the LOD 10,263 ( 6th Cir use.

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