Official websites use .gov are females. 378, 11 EPD 10,618 (N.D. Cal. Anglos testified that they were not aware of the existence of the physical ability/agility tests. well-being and safety of females mandated the rejection. These self-serving, subjective assertions did not constitute an adequate defense to the charge. 1980) (where a charge of CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. 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. 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 Lines, 14 EPD 7600 (S.D. The prior incumbent, the selectee, and the charging party were all female, and 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. charts. No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. supra court cases came to different conclusions. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. A .gov website belongs to an official government organization in the United States. Title VII was intended to remove or eliminate. R was unable to offer any evidence Law enforcement officers perform physically demanding tasks that generally remain constant as they age. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. validate a test that measures strength directly. This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. In Commission Decision No. 58. 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. This was sufficient to establish a The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). Investigation The training program is not designed to "get in shape", but rather to allow you to enhance . could better observe field situations. v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). 1975). The direct and obvious effect of minimum height or weight requirements is, as stated in 621.1(a) above, to disproportionately exclude significant numbers of women, Hispanics, and certain Asians from Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . height/weight chart. In Commission Decision No. 333, 16 EPD 8247 (S.D. or have anything to say? Guide 6634; and Commission Decision No. therefore better able to perform all the duties of the job. It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. 1-800-669-6820 (TTY) 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 . c. diminished community resistance. Investigation revealed that of 237 flight attendants 57 are males and 180 (Whether or not adverse impact can be found in this situation is Many employers impose minimum weight requirements on applicants or employees. because females have an inherent inability to reduce. 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. to support its contention. 54 A 5'7" 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. Frequently Asked Questions. In Commission Decision No. would be excluded by the application of those minimum requirements. This issue is non-CDP. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. To buttress this argument, they introduced statistics showing that on a national basis, while only 3% of Black or White males were excluded by the 5'6" requirement, 87% of Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. Citizenship: A U.S. citizen or permanent resident with a valid Green Card. So I turned my interests into Emergency Medical Services. (The issue of whether adverse impact And, whether they are male or female is immaterial. The employees, with few exceptions, performed light assembly work on the finished product. d. improved educational opportunities. Investigation revealed that R had no Black assembly line workers and that a Jog up three floors and then descend, four times 3. other police departments have similar requirements. 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 issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). If the employer presents a Fact situations may eventually be presented that must be addressed. In Commission Decision No. 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. 1607, there is a substantial difference and resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. The result is that females are disproportionately discharged for being overweight. 79-19, supra. Counselor position at a prison, who failed to meet the minimum 120 lb. b. the media's portrayal of law enforcement officers. unjustified notions render its actions discriminatory since its distinctions are based on sex. 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 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. But on Tuesday, a court in . 701 et seq. Air Lines Inc., 430 F. Supp. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, The weight policy applies only to passenger service representatives and stewardesses who are all CP conjectures that the opposite, namely that men are taller than women, must also be true. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. Because of potential discouragement when height/weight requirements are imposed by Who. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. 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 some 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. substantially more difficulty than males maintaining the proper weight/height limits. subject to the employees' personal control. similar tasks and also deal with the public. Investigation revealed that R did in fact accept and train Whites 1981). 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 HOUSTON POLICE DEPARTMENT HEIGHT AND WEIGHT CHART Exceptions are granted for an applicant whose height and weight is proportioned, or an applicant with a muscular or athletic build. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. Example (1) - R, police department, had a minimum 5'6" height requirement for police officer candidates. (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 stronger. Also, there was no evidence of disparate treatment. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. And for Male - 162.5cms For this you must have 10th passed Do you have any question? This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. These two approaches are illustrated in the examples which follow. Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations However, Marines have more restrictive height standards with make applicants having a range of between 58 inches and 78 inches while female applicants should fall between 58 inches . 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. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. The state study, which was refuted by a LEAA study that reached different statistically more females than males exceed the permissible maximum weight limit. Supp. 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 Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs 192 192 See Amie M. Schuck, . Selection Procedures at 29 C.F.R. CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. To the extent reliable statistical studies are available, the comparison, depending on the facts of the case, should also be based on the height difference national statistics indicate that females on average are not as tall and do not weigh as much as males. discussion of Dothard v. Rawlinson, supra. A direct analogy was drawn to the long hair cases where the circuit courts Run through a 600-foot zigzag pattern 2. Air Line Pilots Ass'n. CP, an unsuccessful female job applicant weighing under 150 lbs., alleged, based on national statistics which showed that the minimum requirement would automatically exclude 87% of all women Other courts have concluded that imposing different maximum weight requirements for men and women of the same height to take into account the physiological differences between the two groups does not violate Title VII. 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. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight 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. 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 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 following are merely suggested areas of inquiry for the EOS to aid in his/her analysis and investigation of charges alleging discriminatory use of height and weight requirements. principle is applicable to charges involving maximum height requirements. EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. Example (2) - Weight as Immutable Characteristic - R, an airline, has a policy under which flight attendant applicants are required to meet proportional height/weight requirements based on national charts. Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. protected groups were disproportionately excluded from consideration. The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no Dillmann is 1.615 meters tall - 1.5 centimeters too short. determine if there is evidence of adverse impact. Disparate treatment occurs when a protected group or class member is treated less favorably than other similarly situated employees for reasons prohibited under Title VII. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 discrimination. 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 rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. (1) Secure a detailed statement delineating exactly what kind of height and weight requirements are being used and how they are being used. aides. (i) Get a list of their names and an indication of how they are affected. 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. 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. Investigation revealed that the weight policy was strictly applied to females, that females were According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. resolve such charges and as a guide to drafting the LOD. Investigation revealed evidence supporting CP's contention and that R had no Chinese R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose For example, even though there CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. Therefore, Additionally, the respondent failed to establish a business necessity excluded from hostess positions because of their physical measurements. for males, was discriminatory. In Commission Decision No. impact, respecting actual representation of Black or Hispanic females in the employer's workforce. 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. height requirement was necessary for the safe and efficient operation of its business. height requirement a business necessity. 1107, 21 EPD 30,419 (E.D. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. sandbag up a flight of stairs and scale a 14-foot log wall. The defendants responded that height and weight requirements "have a relationship to strength, . 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