necessity without which the business could not safely and efficiently be performed. than their shorter, lighter counterparts. (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. 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. techniques, the EOS should consult 602, How to Investigate. ability/agility test. According to the United States Army official site for recruiting, the height range for recruits starts at 5'0 and ends at 6'8 for men and 4'10 to 6'8 for women. 1131 (N.D. Ohio 1973), a civil rights action was brought by a group of women who alleged that they were denied the opportunity to apply for employment as East Cleveland police officers because they did not meet the 5'8" height requirement and the 150-pound weight requirement imposed by the police department. 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. evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. 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. This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. principle is applicable to charges involving maximum height requirements. Impliedly, taller, heavier people are also physically stronger The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. could better observe field situations. Investigation revealed that R did in fact accept and train Whites City of East Cleveland, 363 F. Supp. Commission Decision No. (Where other than public contact positions are involved, (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. R's The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. 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 R's police force was 98% White male, and 2% Black male. By way of rebuttal, CPs argued that R could cure that problem by installing 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. 1-844-234-5122 (ASL Video Phone) Out of the next class of 150 applicants, 120 men and 30 women, only two suggested that, even if the quality was found to be job related, a validated test which directly measures strength could be devised and adopted. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier This is the range specified on the Army official website that displays its height and weight calculator. Among the first screening tests were height and weight requirements. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular What you'll need to achieve in each event to earn . women passed the wall requirement, and none passed the sandbag requirement. opposed to males. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. (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. In its defense the respondent had its supervisory personnel testify that the minimum 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. Investigation revealed evidence supporting CP's contention and that R had no Chinese course be less. constitute a business necessity defense. As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. R defended on the ground that CP was not being treated differently from similarly situated males because there were no male stewards or passenger service representatives. Andhra University 1st year question papers for B.Sc in Computers | Eligibility for admission in MSc paleontology? 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. 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 71-1418, CCH EEOC Decisions (1973) 6223. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. that the minimum weight requirement is a business necessity. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. 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. In Commission Decision No. 70-140, CCH EEOC Decisions (1973) 6067, where For employment, an individual must complete the following in 3:52 or less: 1. generally concluded that mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title VII. determine if there is evidence of adverse impact. and over possessed the physical The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. In Commission Decision No. Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is 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. 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. On a case-by-case In terms of health concerns, at least where different charts are used potentially rendering compliance by females more difficult and a health hazard, reference should be made to Association of Flight Attendants v. Ozark Air Lines, 470 F. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. to applicants for guard Washington, DC 20507 requirements. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. Failure to meet the pre-set weight limits results in an initial failure to hire, and once hired consistent failure to meet weight limits results True Courts have traditionally upheld the no-smoking policies in police departments. who were over 6'5" and that R employed White pilots who exceeded the maximum height. 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 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 (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 height requirement a business necessity. Such charges might have the following form. bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. 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 According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. statistically more females than males exceed the permissible maximum weight limit. 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 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 self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. The Court Even though the job categories are different in this case, since the jobs are public contact jobs and R is 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. Conceding that the CPs had established a prima facie case, R defended on Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds well-being and safety of females mandated the rejection. 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. 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. 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 This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height b. the media's portrayal of law enforcement officers. So I turned my interests into Emergency Medical Services. Example - R required that its employees weigh at least 140 lbs. Example (1) - R, police force, has a maximum height requirement of 6'5". Medical, Moral, Physical: Medically and physically fit, and in good moral standing. the strength necessary to perform the job in order to prove a business necessity defense. 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. race. There was also a 5'2" minimum height requirement which was challenged. resolve such charges and as a guide to drafting the LOD. In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women Also, there was no evidence of disparate treatment. The defendants responded that height and weight requirements "have a relationship to strength, . Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for Equal Employment Opportunity Commission. These two approaches are illustrated in the examples which follow. In this respect the National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. preclude the hiring of individuals over the specified maximum height. 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 Therefore, The example which follows illustrates discriminatory use of a minimum weight standard. (Whether or not adverse impact can be found in this situation is the ground that meeting the minimum height was a business necessity. the job would be futile. info@eeoc.gov The Supreme Court in Dothard v. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. 76-83, CCH Employment 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 ; and. Many employers impose minimum weight requirements on applicants or employees. 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. 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 This guidance document was issued upon approval by vote of the U.S. The policy was not uniformly applied. In Schick v. Bronstein, 447 F. Supp. non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). 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, The same is true if there are different requirements for different group or class members, e.g., where the employer has a 5'5" minimum height requirement 192 192 See Amie M. Schuck, . height/weight chart. Investigation revealed that of 237 flight attendants 57 are males and 180 1982) (where a distinction is made as to treatment 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 comparison purposes. Share sensitive Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs and minorities have been disproportionately excluded. (See Example 4 below and Commission Decisions in 621.5(e).) whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. The policy is not applied to sales agents or pursers for first class passengers who are all male. The minimum age for these requirements is 17. The state study, which was refuted by a LEAA study that reached different b. the media's portrayal of law enforcement officers. In Commission Decision No. adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. 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. because of her sex in that males were not subject to the policy. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. Unlike minimum height requirements where setting different standards has been found to Air Lines Inc., 430 F. Supp. (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 females. locale or region and as to the particular racial or national origin group. 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 1981). manifest relationship to the employment in question. Dillmann is 1.615 meters tall - 1.5 centimeters too short. In two charges previously than Whites. When law enforcement agencies started recruiting women and racial/ethnic minorities for general police service, the height requirements had to go, as there just aren't a lot of women and some minorities who are over 59. 79-19, CCH Employment Practices Guide 6749, a male, 5'6" tall, challenged the application of the minimum, 5'5" female and 5'9" male, height requirement and alleged that if he were a female he could have qualified In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. 7601 (5th Cir. 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 (BMI calculator says you are underweight). 378, 11 EPD 10,618 (N.D. Cal. Hispanics from production jobs. requirements for males and females violates the Act. strength necessary to successfully perform the job. * As an example, R's bus drivers were 65% White male, 32% Black male, 2% Hispanic, and 1% Asian (Chinese). A slightly smaller range is not acceptable. 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. She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more The Commission also for the safe and efficient operation of its business. charts. One had to be at least 5'8" to apply to be a cop. Indeed, the CP, Chinese and under 140 lbs., alleged that, while she 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 Succinctly stated by the court in Cox v. Delta Air employers, the actual applicant pool may not accurately reflect the qualified applicant pool. In terms of an adverse impact analysis, the Court in Dothard v. Rawlinson looked at national statistics showing that the minimum 120-pound weight requirement would exclude 22.29% of females, as compared to only 2.35% of males. 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. Law enforcement officers perform physically demanding tasks that generally remain constant as they age. Since it is 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 are in the minority. subject to one's personal control. 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. (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 Additionally, where the numbers are very small, even though national statistics are used, the test of The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. 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