Example (2) - R, police department, had a minimum height requirement for females but not for males because it did not believe females, as opposed to males, under 5'8" could safely and efficiently perform all the duties of a For employment, an individual must complete the following in 3:52 or less: 1. Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for generally concluded that mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title VII. The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no b. the media's portrayal of law enforcement officers. Therefore, 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. Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. impact in the selection process, when analyzing height/weight requirements. Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions In Commission Decision No. 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 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 (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 that the minimum weight requirement is a business necessity. prima facie case without a showing of discriminatory intent. Investigation revealed that although the person hired was a White female, she The reality of police work is that you are going to have to get physical with suspects, and you can't do that. (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 Employees or applicants of employers that are recipients of federal contracts should contact the United States Department of The Commission also In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. Air Line Pilots Ass'n. Height and weight requirements for necessary job performance. EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular for women or Hispanics and a 5'8" requirement for other applicants. The employer failed to meet this burden. The employer must use the least restrictive alternative. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. 7601 (5th Cir. Additionally, where the numbers are very small, even though national statistics are used, the test of . 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 preclude the hiring of individuals over the specified maximum height. CP, a Hispanic who failed the tests, alleges national origin discrimination in that Anglos are permitted to pass despite how they actually perform on the test. For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. 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 height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. In Commission Decision No. 58. 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 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 discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. 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. . Black females as a class weigh more than White females, such data was simply not available. Air Lines Inc., 430 F. Supp. Once a prima facie case is established the respondent in rebuttal must show 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but and over possessed the physical 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 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 required height for female police officers in the state is 1.63 meters (just over five feet three inches). And for Male - 162.5cms For this you must have 10th passed Do you have any question? (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 Most airlines require that its flight attendants not exceed a positions when considering Black applicants, while liberally granting exceptions when considering White applicants. The statistics are in pamphlets other police departments have similar requirements. whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. weight requirement. 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. 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. A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. 1-800-669-6820 (TTY) substantially more difficulty than males maintaining the proper weight/height limits. Secure .gov websites use HTTPS with discrimination based on sex, national origin, and to a lesser extent, race. exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. 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. were rejected for being overweight. to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. though the SMSA was 53% female and 5% Hispanic. females, not the males, to be "shapely". 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 therefore better able to perform all the duties of the job. An official website of the United States government. Instead, charging parties can For a more thorough discussion of investigative classes. But on Tuesday, a court in . 1979). females and 88% of Hispanics were excluded. 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. 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 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 In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? are females. In Dothard v. Rawlinson, supra and Meadows v. Ford Motor Co., 62 FRD 98, 5 EPD 8468 (D.C. Ky. 1973), the respondent was unable to show the existence of a valid relationship between its minimum weight requirement and 884, 17 EPD 8462 (E.D. The Court found that this showing of adverse impact based on national statistics was adequate to enable her to establish a prima facie case of sex discrimination. Height and weight requirements for necessary job performance The U.S. Supreme Court case of Dothard v. Rawlinson (1977) revolved around what police candidate issue? course be less. ), 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 Investigation revealed evidence supporting CP's contention and that R had no Chinese 79-19, supra. 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. The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. What you'll need to achieve in each event to earn . An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects They did not fairly and substantially relate to the performance of the duties of a police more than other persons there is no basis for concluding that the respondent's failure to hire Black persons who exceed the maximum weight limit constitutes race discrimination. 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. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. subject to one's personal control. Height requirements for Female Police Officer is 150cms. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. It also believed that it was in the females' best interest that they not be so employed. Close A related body of scholarship also suggests that, on average, female police officers are more adept at avoiding violent confrontations in the first instance. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against 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 Supreme Court in Dothard v. The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. CPs, *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 Fact situations may eventually be presented that must be addressed. are not job related. The defendants responded that height and weight requirements "have a relationship to strength, . A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. 1979). In Commission Decision No. strength necessary to successfully perform the job. because females have an inherent inability to reduce. Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height In Commission Decision No. supra court cases came to different conclusions. 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 Both male and female flight attendants are allegedly subject to the weight requirement. Please type your question or comment here and then click Submit. females. could better observe field situations. 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 Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. height, did not constitute an adequate business necessity defense. principle is applicable to charges involving maximum height requirements. Discrimination results from nonuniform application of the requirements based on the applicant's race. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most a. escalating numbers of officer resignations. In this case, the height and weight characteristics vary based on the particular discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. 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. There were no female or Hispanic officers, even demonstrating that the height requirement resulted in the selection of applicants in a significantly discriminatory pattern, i.e., 87% of all women, as compared to 20% of all men, were excluded. discrimination. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. Impliedly, taller, heavier people are also physically stronger 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. Since it is The minimum age for these requirements is 17. Investigation revealed that the weight policy was strictly applied to females, that females were 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. 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. . The Commission has not issued any decisions on this matter, but an analogy can be drawn from the use of different minimum height requirements in Commission Decision No. Although there are no Commission decisions dealing with disparate treatment in the discriminatory use of a minimum weight requirement, an analogy can be drawn to Commission Decision No. 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, Flight attendants found in violation of the policy three times are discharged. 1972). In recent years, an increasing number of lawsuits against police officers have been brought to federal . (See Appendix I.). 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 A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more national origin, or establish that the height requirement constitutes a business necessity. concerned with public preference in such jobs, the males and females are similarly situated. The court found as a matter of law that The EOS should also be aware that in many instances reliable statistical analyses may not be available. (See Jarrell and Gerdom which are cited below.) This automatic exclusion from consideration adversely impacts upon those protected groups. This was sufficient to establish a well-being and safety of females mandated the rejection. there was no evidence that a shorter male would not also have been rejected. 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 In its defense the respondent had its supervisory personnel testify that the minimum Recruitment of minorities is more important now more than ever because __________. Fla. 1976), aff'd, 14 EPD (See 604, Theories of Discrimination.) The first female police officer. R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. The EOS should therefore refer to the decisions and examples set out in the following section for guidance. According to respondent, taller officers enjoyed a psychological advantage and thus would less often be attacked, were better able to subdue suspects, and These self-serving, subjective assertions did not constitute an adequate defense to the charge. 1077, 18 EPD 8779 (E.D. 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. impact, instead of actual applicant flow data. 80-5 (unpublished), the Commission found that there was not enough statistical data available to conclude that Black females, in contrast to White females whose weight is distributed differently, are disproportionately 1975). 3 (November 19, 1976), and No. The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or Lines, 14 EPD 7600 (S.D. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. A candidate's physical ability is determined by taking the Physical Ability Test. The state study, which was refuted by a LEAA study that reached different ability/agility test. Conceding that the CPs had established a prima facie case, R defended on And, whether they are male or female is immaterial. 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 ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. 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 In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. 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