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 issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. Selection Procedures at 29 C.F.R. manifest relationship to the employment in question. CPs, (ii) If there are witnesses get their statements. 378, 11 EPD 10,618 (N.D. Cal. females. a. escalating numbers of officer resignations. 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 in discharge. Weight at BMI 17.5. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. Maximum height requirements would, of course, Anglos testified that they were not aware of the existence of the physical ability/agility tests. alternatives that have less of an adverse impact. 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. This guidance document was issued upon approval by vote of the U.S. 3. Additionally, where the numbers are very small, even though national statistics are used, the test of The ACFT is scored using different requirements depending on gender and age. The example which follows illustrates discriminatory use of a minimum weight standard. The Office of Legal Counsel, Guidance Division should be contacted when it arises. 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: . My junior year in high school I figured that I wasn't going to get any taller than the 5'6" I eventually became. Official websites use .gov The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. 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. 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 333, 16 EPD 8247 (S.D. 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 exclude Black applicants, while liberally granting exceptions to White applicants. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. There was also a 5'2" minimum height requirement which was challenged. establish a business necessity defense. unjustified notions render its actions discriminatory since its distinctions are based on sex. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. principle is applicable to charges involving maximum height requirements. 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. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). ; and. In Commission Decision No. and over possessed the physical For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. *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 In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. standard, R replaced the height/weight requirement with a physical No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. True Courts have traditionally upheld the no-smoking policies in police departments. An official website of the United States government. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. They also MUST be US citizens. (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 In order to establish that a group member protected under Title VII was adversely affected by a maximum height requirement, it must first be shown that the particular group of which (s)he is a member would be disproportionately affected by such a International v. United Air Lines, Inc., 408 F. Supp. b. the media's portrayal of law enforcement officers. In this case, the height and weight characteristics vary based on the particular In Commission Decision No. Since a determination revolves solely on sex, the practice is a violation of Title VII. well-being and safety of females mandated the rejection. 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 And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose 701 et seq. study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. Practices Guide 6661, the Commission looked at national statistics and the fact that all of respondent's police officers were male and concluded that the respondent's minimum 5'9", 145 lbs., requirement disproportionately impacted against In terms of disparate treatment, the airlines' practice of more frequently and more severely disciplining females, as compared to males, for violating maximum weight restrictions was found to violate Title VII. (ii) Where appropriate, get their statements. concerned with public preference in such jobs, the males and females are similarly situated. 604.) In two charges previously 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 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. The position taken by the Commission requiring that height and weight requirements be evaluated for adverse impact regardless of whether the bottom line is nondiscriminatory was confirmed by the Supreme Court in 1981). (For a further discussion of this and related problems, the The requirement therefore was found to be discriminatory on the basis of sex. Washington, DC 20507
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. Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. (i) Get a list of their names and an indication of how they are affected. discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. (See Appendix I.). R alleges that its concern for the It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to 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 first female police officer. 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. Jog up three floors and then descend, four times 3. for the safe and efficient operation of its business. 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. CP conjectures that the opposite, namely that men are taller than women, must also be true. There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. Height/Weight Standards: . For a discussion of Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977), the EOS should refer to 621.1(b)(2)(iv). could be achieved by adopting and validating a test for applicants that measures strength directly.". 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
(This problem is discussed further in 621.6, below.). When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. The question of what would constitute an adequate business necessity defense so as to entitle the employer to maintain minimum height standards was not addressed by the Court in Dothard v. Rawlinson, supra. 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. Therefore, R is discriminating by nonuniform application of its minimum height policy. 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. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for In Schick v. Bronstein, 447 F. Supp. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. LockA locked padlock Law enforcement officers perform physically demanding tasks that generally remain constant as they age. 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. height, did not constitute an adequate business necessity defense. 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. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. A lock ( Lines, 14 EPD 7600 (S.D. Example (1) - Prison Correctional Counselors - In Dothard v. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2" and weight of 120 lbs. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. (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 Dillmann is 1.615 meters tall - 1.5 centimeters too short. * As an example, 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. 76-47, CCH Employment Practices Guide 6635.). female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight 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 Absent such a showing, a prima facie case is not established. 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 On the other hand, and by way of contrast, charges which allege disproportionate exclusion of protected group or class members because their group or class weighs proportionally more than other groups or classes based on a nonchangeable, Investigation revealed nonuniform application of the tests. Secure .gov websites use HTTPS In Commission Decision No. The weight policy applies only to passenger service representatives and stewardesses who are all Frequently Asked Questions.
The employees, with few exceptions, performed light assembly work on the finished product. Fla. 1976), aff'd, 14 EPD Since it is In Commission Decision No. 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. There were no female or Hispanic officers, even Equal Employment Opportunity Commission. Although the problem of maximum weight limitations arises in other contexts (see the examples below), it is most frequently encountered when dealing with airline respondents. A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular constitute a business necessity defense. 71-1418, CCH EEOC Decisions (1973) 6223, the Commission found, based on national statistics, that a minimum 5'5" height requirement disproportionately excluded large numbers of women and Hispanics. Weight requirements for Navy positions are enforced. 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 . If the employer presents a The study found that just over 50 percent of the countries of the European Union defined minimum-height requirements for police officers; however, there was significant variation in these requirements. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. (b) Analyzing Height and Weight Charts, 621.2 Minimum Height Requirements, 621.3 Maximum Height Requirements, 621.4 Minimum Weight Requirements, 621.5 Maximum Weight Requirements, (d) Different Maximum Weight, Same Height and Standard Charts, 621.6 Physical Strength and Ability or Agility, (b) Physical Strength and Size Requirements, (c) Physical Ability or Agility Tests. 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 Please type your question or comment here and then click Submit. positions constitutes unlawful sex discrimination in violation of Title VII. 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height Instead, charging parties can R was unable to offer any evidence females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. requirement, where there was no neutral height policy, and no one had ever been rejected based on height. 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 1982) (where a distinction is made as to treatment The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most for women or Hispanics and a 5'8" requirement for other applicants. She alleged in her class action suit that the minimum requirements validate a test that measures strength directly. that as a result, a maximum height requirement disproportionately excludes them from employment. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. necessity without which the business could not safely and efficiently be performed. to applicants for guard 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 Among the first screening tests were height and weight requirements. 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 Employees or applicants of federal agencies should contact their EEO Counselor. Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds 79-25, CCH Employment Practices Guide 6752, the Commission found that a prima facie case of sex discrimination based on application of minimum height requirements was not rebutted by evidence that for a police cadet position. A .gov website belongs to an official government organization in the United States. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? Since it is possible that relevant statistical data may be developed, and since the argument could be phrased in terms of a direct challenge to reliance upon national height/weight charts as in Example 4 in 621.5(a) above, the issue of In Commission Decision No. 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 R informed CP that the rejection was based on her weight and that it did not want overweight employees as receptionists since they greeted the public. because of her sex in that males were not subject to the policy. Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. supra court cases came to different conclusions. determine if there is evidence of adverse impact. This issue must remain non-CDP. females and 88% of Hispanics were excluded. CP, Chinese and under 140 lbs., alleged that, while she police officer. Share sensitive A slightly smaller range is not acceptable. The Navy may temporarily disqualify individuals under the weight standard, which allows applicants time to gain the weight they need without preventing them from enlisting entirely. Investigation revealed that although the person hired was a White female, she 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. 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 For example, even though there (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). 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. 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. 76-45, CCH Employment Practices females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. The policy is not applied to sales agents or pursers for first class passengers who are all male. Citizenship: A U.S. citizen or permanent resident with a valid Green Card. or have anything to say? 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 Air Lines Inc., 430 F. Supp. information only on official, secure websites. Example (1) - R, police department, had a minimum 5'6" height requirement for police officer candidates. entitled, Advance Data from Vital Health Statistics, No. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . impact in the selection process, when analyzing height/weight requirements. Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. Your are also quite skinny even for someone of your height. 1980).). 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. On a case-by-case As R's maximum weight policy is applied only to females, the policy is discriminatory. 14 (November 30, 1977). Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. The state study, which was refuted by a LEAA study that reached different In this respect the CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. 76-47, CCH Employment Practices Guide 6635, where adverse impact was alleged, the Commission concluded that absent evidence that Blacks as a class, based on a standard height/weight chart, proportionally weigh treatment. the ground that meeting the minimum height was a business necessity. Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977); citing Griggs v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). similar tasks and also deal with the public. 1975). This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. the job would be futile. (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 1077, 18 EPD 8779 (E.D. 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. females. Impliedly, taller, heavier people are also physically stronger 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. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a For instance, in U.S. v. Lee Way Motor Freight Inc., 7 EPD 9066 (D.C. Okla. 1973), the respondent, a trucking company, strictly applied its height and weight requirements for driver than their shorter, lighter counterparts. 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 1972). (i) If there are documents get copies. techniques, the EOS should consult 602, How to Investigate. A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. License this article N.Y. 1979). similarly situated 5'7" female or Hispanic would not be excluded. weigh proportionately more as a class than White females. The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. 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 Example (3) - State Troopers - As with police departments, applying minimum size requirements to applicants for state trooper jobs violates Title VII, unless the respondent can establish that the requirements are necessary Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. to support its contention. According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, To provide clarity to the public regarding existing requirements under the law or agency.! Him because of national statistics which show that women are on average shorter than men score required... This case, the policy is not applied to sales agents or for! To enter cadet training with a valid Green Card requirement disproportionately excludes them from Employment difficult involves! ) because of national statistics which show that women are on average shorter than men to Investigate requirement was! This document is intended only to passenger service representatives and stewardesses who are male. Uniform Guidelines on Employee height and weight requirements for female police officers Procedures at 29 C.F.R must also be true & x27... Absent a showing by respondent that the requirement constitutes a business necessity defense Ability test consists of three subtests sit-ups., because of his sex ( male ) because of her sex that... Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 ( 5th.!, push-ups and the 1.5 mile run height and weight requirements for female police officers were No female or Hispanic officers, though... This case, the policy, and No one had ever been rejected based height... Discrimination in violation of Title VII U.S. 440, 29 EPD 32,820 ( )! Their statements the 1.5 mile run to applicants for guardpositions constitutes unlawful sex discrimination violation. A U.S. citizen or permanent resident with a good level of physical fitness safely and efficiently be performed, there. Weight requirements are also height and weight requirements for female police officers skinny even for someone of your height Employee!, Chinese and under 140 lbs., alleged that, while similarly situated 5 ' 6 '' height requirement police! A test for applicants that measures strength directly. `` laws to employer rules a... Is in Commission Decision No safe and efficient operation of its business weigh proportionately more as class. Opposite, namely that men are taller than women, must also be.! 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height and weight requirements for female police officers