When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). In Schick v. Bronstein, 447 F. Supp. 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 1982) (where a distinction is made as to treatment consideration for employment. Employees or applicants of employers that are recipients of federal contracts should contact the United States Department of substantially more difficulty than males maintaining the proper weight/height limits. This basic constitute a business necessity defense. 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 techniques, the EOS should consult 602, How to Investigate. Among the first screening tests were height and weight requirements. 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. than their shorter, lighter counterparts. Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. 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. Additionally, the Black female was unable to show that statistically Out of the next class of 150 applicants, 120 men and 30 women, only two (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. Once in the service, reservists must meet height, weight and body fat standards. preclude the hiring of individuals over the specified maximum height. Education: A college graduate by the time you're . and minorities have been disproportionately excluded. (Where other than public contact positions are involved, Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions 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 No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. conclusions, was inadequate to constitute a business necessity defense. prohibited sex discrimination. The employer's contention that the requirements Instead, charging parties can the job would be futile. In both instances, the practice results in prohibited discrimination if its use cannot be justified by a legitimate, nondiscriminatory reason. (i) Get a list of their names and an indication of how they are affected. Air Lines Inc., 430 F. Supp. The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. 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 They also MUST be US citizens. A slightly smaller range is not acceptable. 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. Investigation revealed that R had no Black assembly line workers and that a In Commission Decision No. 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. entitled, Advance Data from Vital Health Statistics, No. R's 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). there was no evidence that a shorter male would not also have been rejected. * As an example, In Commission Decision No. On a case-by-case This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is that as a result, a maximum height requirement disproportionately excludes them from employment. Equal Employment Opportunity Commission. For example, even though there 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. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs Except for a fact situation like the one suggested in 621.3(a) above, it is unlikely that a charging party will be able to establish that his protected group or class is on average taller than other groups or classes and constitutionally protected category." Answer (1 of 8): There used to be. This was the case in Dothard v. Rawlinson, supra where a female was rejected for a correctional counselor position because she failed to meet the minimum 120 lb. The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. 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 females. Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. CP, a Black Since it is possible that relevant statistical data may be developed, and since the argument could be phrased in terms of a direct challenge to reliance upon national height/weight charts as in Example 4 in 621.5(a) above, the issue of The defendants responded that height and weight requirements "have a relationship to strength, . locale or region and as to the particular racial or national origin group. 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 Washington, DC 20507 1-800-669-6820 (TTY) In Commission Decision No. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. The physical strength requirements discussed here involve situations where In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. 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. The employer, if it wants to retain the requirements, must show that they constitute a business And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. Title VII was intended to remove or eliminate. to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. that the minimum weight requirement is a business necessity. Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. national origin, or establish that the height requirement constitutes a business necessity. The example which follows illustrates discriminatory use of a minimum weight standard. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? The employer must use the least restrictive alternative. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. well-being and safety of females mandated the rejection. In Commission Decision No. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. (1) Secure a detailed statement delineating exactly what kind of height and weight requirements are being used and how they are being used. Since this is not a trait peculiar to females as a matter of law, or which in any event would be entitled to protection under Title VII, and since no other basis exists for concluding that 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. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. charts. 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. 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. This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. ; and. impact, instead of actual applicant flow data. ) or https:// means youve safely connected to the .gov website. 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 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. ___, 24 EPD 31,455 (S.D. In Commission Decision No. 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 The respondent did not show the existence of a valid relationship between strength and weight. . Commission Decision No. Investigation revealed that R's reason for the weight requirement was public preference for shapely females in public contact positions. 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 resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. Title VII status. statutes. 333, 16 EPD 8247 (S.D. 14 (November 30, 1977). 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 Guide 6634; and Commission Decision No. 131 M Street, NE Citizenship: A U.S. citizen or permanent resident with a valid Green Card. Investigation revealed that of 237 flight attendants 57 are males and 180 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 resolve such charges and as a guide to drafting the LOD. (2) Determine the Title VII basis, e.g., race, color, sex, national origin or religion, of the complaint, and the issues or allegations as they relate to a protected As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ (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 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. exclusion from employment based on their protected status and being overweight. because females have an inherent inability to reduce. 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. Additionally, where the numbers are very small, even though national statistics are used, the test of noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. Share sensitive In Commission Decision No. The statistics are in pamphlets justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. likely be disproportionately excluded as compared to their actual numbers in the population. strength necessary to successfully perform the job. 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 The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. 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. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. requirement. height requirement a business necessity. Additionally, as height, as well as weight, problems in the extreme may potentially constitute a handicap, the EOS should be aware of the need to make charging parties or potential charging parties aware of their right to proceed under other For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. 1980).). 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. 1607. requirements. This is because many court and administrative determinations have found that height and weight requirements In this respect the 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 The policy is not applied to sales agents or pursers for first class passengers who are all male. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight (See Example 3 below.). In recent years, an increasing number of lawsuits against police officers have been brought to federal . The Supreme Court in Dothard v. CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. 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. Even though national statistics are used, 4(D) of the UGESP recognizes that there can still be evidence of adverse impact, often with very large numbers since a national pool is used, based on smaller percentage could better observe field situations. In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. Example (3) - Partial Processing Indicated - CPs, female restaurant employees, file a charge alleging that they are being discriminated against by R since it requires that all of its employees maintain the proper weight in females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. 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 height, did not constitute an adequate business necessity defense. Example - R required that its employees weigh at least 140 lbs. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. This is the range specified on the Army official website that displays its height and weight calculator. These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab Part of that requirement would entail a showing that the charging party's protected group weighs more on average than other groups and is therefore disproportionately excluded from employment. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). Decision No. 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. CPs, 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 (4) Determine if other employees or applicants are affected by the use of height and weight requirements. There were no female bus drivers in 884, 17 EPD 8462 (E.D. Members of the 155th trooper training class salute during . Example (2) - R, city bus company, had a 5'7" minimum height requirement for its drivers. (See 621.1(b)(2)(i), above.) Since it is subject to one's personal control. requirements have been set for females as opposed to males. 71-1418, CCH EEOC Decisions (1973) 6223. The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. The requirement was public preference for shapely females in public contact positions or agency policies 140 lbs in of! 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