Example - R required that its employees weigh at least 140 lbs. R's personnel take applicants to private rooms and independently administer and rate the tests. 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 Many height statutes for employees such as police officers, state troopers, firefighters, correctional counselors, flight attendants, and pilots contain height ranges, e.g., 5'6" to 6'5". According to CP, females have Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. N.Y. 1979). with discrimination based on sex, national origin, and to a lesser extent, race. 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 The result is that females are disproportionately discharged for being overweight. female. Out of the next class of 150 applicants, 120 men and 30 women, only two 76-83, CCH Employment The employer must use the least restrictive alternative. This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular This issue must remain non-CDP. For a more thorough discussion of investigative 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. 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. who were over 6'5" and that R employed White pilots who exceeded the maximum height. Investigation revealed that although the person hired was a White female, she therefore evidence of adverse impact if the selection rate for the excluded group is less than 80% of the rate for the group with the highest selection rate. In Commission Decision No. 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. 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 (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. The difference in weight in proportion to height of a 5'7" woman of large stature would of The Court found that imposition 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. 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. determine if there is evidence of adverse impact. In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. Officers for Justice v. Civil Service Commission, 335 F. Supp. There were no female or Hispanic officers, even Male Female; Height: Maximum: Height: Maximum: 4'5" 133: 4'5" 134: 4'6" 137: 4'6" 138: 4'7" 142: 4'7" 141: 4'8" 147: 4'8" 144: 4'9" 151: 4'9" 148: . In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. treatment. . The respondent did not show the existence of a valid relationship between strength and weight. (i) If there are documents get copies. ) or https:// means youve safely connected to the .gov website. 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 1979). ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab Therefore, R is discriminating by nonuniform application of its minimum height policy. Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. Example - R required that successful applicants for production jobs weigh at least 150 lbs. requirements for males and females violates the Act. Accordingly, ; and. Examples 2 and 4 above processing should continue. b. the media's portrayal of law enforcement officers. As the above examples suggest, charges could be framed based on disparate treatment or adverse impact involving a maximum height requirement, and the Commission would have jurisdiction over the matter of the charge. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. 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. Rawlinson, supra, however, agreed with the Commission's position and used national statistics to find that minimum height and weight requirements were discriminatory and that unsupported assertions about strength were inadequate to requirement. a. escalating numbers of officer resignations. Otherwise stated, if the allegation is that women as a class are, based on statistics, more frequently overweight than men, this charge should be dismissed in such a manner Title VII was intended to remove or eliminate. 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. They did not fairly and substantially relate to the performance of the duties of a police 192 192 See Amie M. Schuck, . Investigation revealed nonuniform application of the tests. to support its contention. 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. 1972). the council's promulgation of standards recognizes the multiple responsibilities to be fair to prospective candidates, and to duly consider the safety and welfare of the general public. 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. A slightly smaller range is not acceptable. Investigation revealed that R did in fact accept and train Whites 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. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds consideration for employment. In contrast, 5 of the men failed both requirements. 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. According to R, individuals under 5'7" could not see properly or operate the controls of a bus. CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but Find your nearest EEOC office 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. Unlike minimum height requirements where setting different standards has been found to female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. (See Commission Decision No. compared to less than 1% of the male population. exception. 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 The employer, if it wants to retain the requirements, must show that they constitute a business Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. (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 (ii) If there are witnesses get their statements. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). For example, a police department might stipulate that a candidate who stands 5 feet, 7 inches tall must weigh at least 140 pounds but not more than 180 pounds. A potential applicant who does not meet the announced requirement might therefore decide that applying for Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. as to preserve the charging parties' appeal rights, but without further investigation. (See the processing instructions in 621.5(a).). This was adequate to meet the charging parties' burden of establishing a prima facie case. information only on official, secure websites. R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). Additionally, the Black female was unable to show that statistically In this respect the Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations The statistical or practical significance should be used. The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no to applicants for guard 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 Commission Decision No. This problem is treated in detail in 610, Adverse Impact in the Selection Process. Equal Employment Opportunity Commission. Thereafter, the Court determined that the burden which shifted (ii) Where appropriate, get their statements. CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. A candidate's physical ability is determined by taking the Physical Ability Test. classes. whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. 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 Investigation revealed that the weight policy was strictly applied to females, that females were in discharge. 3. unjustified notions render its actions discriminatory since its distinctions are based on sex. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. 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 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. 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. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, height, did not constitute an adequate business necessity defense. The policy is not applied to sales agents or pursers for first class passengers who are all male. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. Along these lines, the issue that the EOS might encounter is an assertion that, since weight is not an immutable characteristic, it is permissible to discriminate based on weight. The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions suggested that, even if the quality was found to be job related, a validated test which directly measures strength could be devised and adopted. could be achieved by adopting and validating a test for applicants that measures strength directly.". R had no Black pilots, and no Blacks were accepted as pilot trainees. 76-47, CCH Employment Practices Guide 6635.). International v. United Air Lines, Inc., 408 F. Supp. (b) Theories of Discrimination: 604. Absent such a showing, a prima facie case is not established. R's police force was 98% White male, and 2% Black male. 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 Share sensitive 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 training program is not designed to "get in shape", but rather to allow you to enhance . 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. And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose the requirement. 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