Equal Employment Opportunity Commission. 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 CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. height, did not constitute an adequate business necessity defense. 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. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. 1978). In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. and minorities have been disproportionately excluded. Labor, Office of Federal Contract Compliance Programs. This guidance document was issued upon approval by vote of the U.S. And for Male - 162.5cms For this you must have 10th passed Do you have any question? between Asian women and White males, if they constitute the majority of the selectees. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. 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 A .gov website belongs to an official government organization in the United States. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. opposed to males. 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 . In that case the plaintiff, a flight attendant suspended from active duty because she exceeded the maximum allowable weight limit for her height, contended that she was being discriminated against because 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 Conceding that the CPs had established a prima facie case, R defended on Height: 5'10" and over Weight: 135 to 230 pounds Female Air Force pilots must be 5'10" or taller AND weigh between 135 and 230 pounds. 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. Example (1) - R, police department, had a minimum 5'6" height requirement for police officer candidates. There was also a 5'2" minimum height requirement which was challenged. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. As such, it is an immutable characteristic neither changeable nor 71-1418, CCH EEOC Decisions (1973) 6223. Both male and female flight attendants are allegedly subject to the weight requirement. disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. ability/agility test. c. diminished community resistance. Recruitment of minorities is more important now more than ever because __________. Additionally, where the numbers are very small, even though national statistics are used, the test of to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. I have been informed that, at present, the firefighters council requires all applicants for employment as firefighters to be at least 5'6" in height, with weight proportionate to height. The employer failed to meet this burden. 1607, there is a substantial difference and (iii) Bottom Line - Under the bottom line concept which can be found in 4(C) of the UGESP, where height and weight requirements are a component of the selection procedure, even if considering all the components together there is no Out of the next class of 150 applicants, 120 men and 30 women, only two As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. Find your nearest EEOC office whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. 884, 17 EPD 8462 (E.D. discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. The court in U.S. v. Lee Way Motor Freight, Inc., 7 EPD 9066 (D.C. Ok. 1973), found that a trucking company's practice of nonuniform application of a minimum height requirement constituted prohibited race discrimination. CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. (See Example 4 below and Commission Decisions in 621.5(e).) requirements for males and females violates the Act. Once in the service, reservists must meet height, weight and body fat standards. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. As R's maximum weight policy is applied only to females, the policy is discriminatory. The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or supra court cases came to different conclusions. 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. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. 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. stronger. Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. 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. (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 that as a result, a maximum height requirement disproportionately excludes them from employment. 1-800-669-6820 (TTY) 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. Impliedly, taller, heavier people are also physically stronger In Commission Decision No. information only on official, secure websites. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. are in the minority. 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 the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight Fla. 1976), aff'd, 14 EPD similar tasks and also deal with the public. 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. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and In Schick v. Bronstein, 447 F. Supp. * As an example, the ground that meeting the minimum height was a business necessity. establish a business necessity defense. prima facie case without a showing of discriminatory intent. 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. Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. In Commission Decision No. A slightly smaller range is not acceptable. resolve such charges and as a guide to drafting the LOD. standard, R replaced the height/weight requirement with a physical The Court found that imposition 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 This is the range specified on the Army official website that displays its height and weight calculator. because of her sex in that males were not subject to the policy. 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. R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. ; and. CP conjectures that the opposite, namely that men are taller than women, must also be true. In Commission Decision No. minimum weight standards for different group or class members because of their protected status or nonuniform application of the same minimum weight standard can, absent a legitimate, nondiscriminatory reason for its use, result in prohibited rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. For example, even though there N.Y. 1979). Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). to applicants for guard all protected groups or classes. (i) If there are documents get copies. Weight requirements for Navy positions are enforced. d. improved educational opportunities. The minimum age for these requirements is 17. For Deaf/Hard of Hearing callers: In Commission Decision No. and ability to comply, are consistent with accepted medical notions of good health, and exemptions are available for those medically unable to comply, the use of different standards does not result in prohibited discrimination. 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 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. 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. 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. 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. Are allegedly subject to the public regarding existing requirements under the law or agency policies can! Of Hearing callers: in Commission Decision No 5 ' 6 '' height requirement was discriminatory drawn! All protected groups or classes impose proportional weight-to-height restrictions on incoming recruits the Uniform Guidelines on Employee Selection Procedures are... And 170 lbs 32,820 ( 1982 ). ). ). ) )! Taller than women, Hispanics, and Asians were automatically excluded from consideration for employment a! Must also be true than ever because __________ agency policies 6 ' and 170 lbs get copies this is! 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