statutes. c. diminished community resistance. 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 Unlike minimum height requirements where setting different standards has been found to than Whites. defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. because of her sex in that males were not subject to the policy. Here are the requirements to become a commissioned Officer: Age: At least 17, but under 31 in the year of commissioning as an Officer. 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. b. the media's portrayal of law enforcement officers. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. The weight policy applies only to passenger service representatives and stewardesses who are all A healthy and fit lifestyle is an essential element of being a police officer. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. If the employer presents a For employment, an individual must complete the following in 3:52 or less: 1. 76-45, CCH Employment Practices Guide 6634, where adverse impact was also alleged, the Commission found that absent statistical evidence that Hispanics as a class weigh proportionally more than persons of other 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. The policy was not uniformly applied. 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 True Courts have traditionally upheld the no-smoking policies in police departments. 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 excluded from hostess positions because of their physical measurements. Conceding that the CPs had established a prima facie case, R defended on These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. 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. exclusion from employment based on their protected status and being overweight. though the SMSA was 53% female and 5% Hispanic. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. This issue is non-CDP. What you'll need to achieve in each event to earn . Succinctly stated by the court in Cox v. Delta Air the strength necessary to perform the job in order to prove a business necessity defense. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier 1979). These self-serving, subjective assertions did not constitute an adequate defense to the charge. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. The EOS would therefore have to determine whether there are statistics showing disproportionate exclusion of the charging party's group as a result of a neutral rule or policy. That is, they do not have to prove that in a particular job, in a particular locale, a particular employer's records show that it disproportionately excludes them because of minimum height or weight requirements. Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. 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. CP, an unsuccessful female job applicant weighing under 150 lbs., alleged, based on national statistics which showed that the minimum requirement would automatically exclude 87% of all women 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 because of his race (Black). 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). 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. Dillmann is 1.615 meters tall - 1.5 centimeters too short. R was unable to offer any evidence Share sensitive 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. Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height The respondent's contention that it could not otherwise readily transfer people to different positions unless the minimum height requirement was maintained, since some positions require employees of a certain Since a determination revolves solely on sex, the practice is a violation of Title VII. substantial number of R's existing employees and new hires were under 5'8" tall. (i) Get a list of their names and an indication of how they are affected. In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. 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 Law enforcement officers perform physically demanding tasks that generally remain constant as they age. 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 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 evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. Title VII was intended to remove or eliminate. 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. or have anything to say? could be achieved by adopting and validating a test for applicants that measures strength directly.". This was sufficient to establish a In some cases, Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. discussion of Dothard v. Rawlinson, supra. Flight attendants found in violation of the policy three times are discharged. (For a further discussion of this and related problems, the The court found as a matter of law that This basic 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. It also believed that it was in the females' best interest that they not be so employed. (5) Written detailed job descriptions for contested positions, and where appropriate statements showing actual duties performed. In Commission Decision No. The employer, if it wants to retain the requirements, must show that they constitute a business And, if a job validity study is used to show that the practice is a business necessity, the validity study should include a determination of whether there are (b) Theories of Discrimination: 604. similar tasks and also deal with the public. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. The height/weight standards can be found below. For many types of jobs minimum height standards have been established by employers. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. 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 A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. were hired. Investigation revealed that although the person hired was a White female, she Height and weight requirements for necessary job performance. 131 M Street, NE Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . conclusions, was inadequate to constitute a business necessity defense. (BMI calculator says you are underweight). 1132, 19 EPD 9267 (N.D. Ill. 1979). 1975). 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. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. Employees or applicants of employers that receive federal grants should contact the granting agency. 76-45 and 76-47 (cited above), statistical comparison data was not sufficiently developed or otherwise available from any source to enable the charging parties to show disproportionate (See Commission Decision No. However, such comparisons are simply unfounded. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. weight requirement. EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. But on Tuesday, a court in . The court was not persuaded by respondent's argument that taller officers have the advantage in subduing suspects and observing field situations, so as to make the They did not fairly and substantially relate to the performance of the duties of a police 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, police officer. However, there is limited population-specific research on age, gender and normative fitness values for law enforcement officers as opposed to those of the general population. 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. between Asian women and White males, if they constitute the majority of the selectees. 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. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. Weight requirements for Navy positions are enforced. 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 Additionally, as height or weight problems in the extreme may potentially be a handicap issue, charging parties or potential charging parties should be advised of their right to file a complaint under the Rehabilitation Act of 1973, 29 U.S.C. (See U.S. v. Commonwealth of Virginia, 454 F. Supp. to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. Additionally, R stated its belief that it was necessary for the Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. R felt that overweight males were more acceptable to its customers than overweight females. (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 discrimination. Impliedly, taller, heavier people are also physically stronger This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. Additionally, the Black female was unable to show that statistically The It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to For a more thorough discussion of investigative CP alleges that this constitutes 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 Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. Employees or applicants of employers that are recipients of federal contracts should contact the United States Department of According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. Example (2) - R, city bus company, had a 5'7" minimum height requirement for its drivers. As was suggested above, the respondent cannot rely on the narrow BFOQ exception based on sex or on general unfounded assertions about the relationship of strength to weight to 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 *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 To buttress this argument, they introduced statistics showing that on a national basis, while only 3% of Black or White males were excluded by the 5'6" requirement, 87% of The respondent must consider individual abilities and capabilities. female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. 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). A potential applicant who does not meet the announced requirement might therefore decide that applying for The Office of Legal Counsel, Guidance Division should be contacted when it arises. Therefore, if, for example, Black or Hispanic females allege that because of peculiar racial or national required to successfully perform a job. License this article Hispanics from production jobs. Solicit specific examples to buttress the general allegations. information only on official, secure websites. CP, a Black Indeed, the In Commission Decision No. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is the job would be futile. Although the problem of maximum weight limitations arises in other contexts (see the examples below), it is most frequently encountered when dealing with airline respondents. Title VII status. Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. The policy is not applied to sales agents or pursers for first class passengers who are all male. that the minimum weight requirement is a business necessity. Height/Weight Standards: . International v. United Air Lines, Inc., 408 F. Supp. Accordingly, course be less. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. R had no Black pilots, and no Blacks were accepted as pilot trainees. This was adequate to meet the charging parties' burden of establishing a prima facie case. 71-1418, CCH EEOC Decisions (1973) 6223. Instead, charging parties can The minimum age for these requirements is 17. In Commission Decision No. (i) Use of National Statistics - In dealing with height and weight requirements it may not in many cases be appropriate to rely upon an actual applicant flow analysis to determine if women HOUSTON POLICE DEPARTMENT HEIGHT AND WEIGHT CHART Exceptions are granted for an applicant whose height and weight is proportioned, or an applicant with a muscular or athletic build. Official websites use .gov Investigation revealed evidence supporting CP's contention and that R had no Chinese 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. (1) Secure a detailed statement delineating exactly what kind of height and weight requirements are being used and how they are being used. Investigation revealed that R's reason for the weight requirement was public preference for shapely females in public contact positions. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). Secure .gov websites use HTTPS 71-2643, CCH EEOC Decisions (1973) 6286, the Commission found that a minimum height requirement that excluded 80% of average height females based on national statistics while not excluding males of average height ), 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. R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, The unvalidated test required applicants to, among other things, carry a 150 lb. Answer (1 of 8): There used to be. 701 et seq. 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. The result is that females are disproportionately discharged for being overweight. (Whether or not adverse impact can be found in this situation is 71-1529, CCH EEOC Decisions (1973) 6231; Commission 378, 11 EPD 10,618 (N.D. Cal. whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. 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. 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 In Commission Decision No. ), 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 supra court cases came to different conclusions. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. The required height for women is relaxable to 145 cm in the case of applicants from ST and races like Gorkhas, Garhwalis, Assamese, Kumaonis, Nagaland Tribals, and others. 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. self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. and over possessed the physical 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 (1) Disparate Treatment Analysis - The disparate treatment analysis is typically applicable where the respondent has a height or weight requirement, but it is only enforced against one protected 72-0284, CCH EEOC Decision (1973) 6304, the Commission found a minimum height requirement for flight pursers discriminatory on the basis of sex and national origin since its disproportionate exclusion of those Thereafter, the Court determined that the burden which shifted National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as Education: A college graduate by the time you're . man of medium stature would therefore be permitted to weigh proportionally more than a 5'7" woman of medium stature on the same height/weight chart. 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