CP, a 5'7" Black female, applied for but was denied an assembly line position because she failed to meet 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 Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett national statistics indicate that females on average are not as tall and do not weigh as much as males. (3) Determine what evidence is available to support the charge. Since it is The ACFT is scored using different requirements depending on gender and age. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. 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 subject to the employees' personal control. Solicit specific examples to buttress the general allegations. Investigation revealed that R did in fact accept and train Whites (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 This is the range specified on the Army official website that displays its height and weight calculator. Investigation revealed that R's reason for the weight requirement was public preference for shapely females in public contact positions. 71-1529, CCH EEOC Decisions (1973) 6231, the Commission found that the respondent failed to prove a business necessity defense for its minimum 5'6" height requirement which disproportionately excluded women and The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. The employer must use the least restrictive alternative. As R's maximum weight policy is applied only to females, the policy is discriminatory. The respondent must consider individual abilities and capabilities. Medical, Moral, Physical: Medically and physically fit, and in good moral standing. Succinctly stated by the court in Cox v. Delta Air 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. 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. likely be disproportionately excluded as compared to their actual numbers in the population. c. diminished community resistance. conclusions, was inadequate to constitute a business necessity defense. The difference in weight in proportion to height of a 5'7" woman of large stature would of bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. Weight requirements for Navy positions are enforced. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination For many types of jobs minimum height standards have been established by employers. Counselor position at a prison, who failed to meet the minimum 120 lb. Supp. Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). (Where other than public contact positions are involved, According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. (See the examples in 621.3(a), above.). 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. 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 because of his race (Black). Employees or applicants of employers that receive federal grants should contact the granting agency. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. The first female police officer. though the SMSA was 53% female and 5% Hispanic. 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 accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). (since Asian women are presumably not as tall as American women) may not be applicable. 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. to support its contention. As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ The 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. 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. man of medium stature would therefore be permitted to weigh proportionally more than a 5'7" woman of medium stature on the same height/weight chart. (ii) Four-Fifths Rule - It may not be appropriate in many instances to use the 4/5ths or 80% rule, which is a general rule of thumb or guide for determining whether there is evidence of adverse LockA locked padlock height/weight chart. Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. 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 R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. 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. In terms of a disparate treatment analysis of minimum height requirements, the difference in treatment will probably be based on either the nonuniform application of a single height requirement or different height requirements for females as 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 in discharge. The Court in Dothard (cited below and discussed in 621.1(b)(2)(iv)) stated that since otherwise qualified individuals might be discouraged from applying because of their R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. 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. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. 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. As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. 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 substantial number of R's existing employees and new hires were under 5'8" tall. 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 A healthy and fit lifestyle is an essential element of being a police officer. that the minimum weight requirement is a business necessity. In Commission Decision No. Example (1) - R, police force, has a maximum height requirement of 6'5". Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. for women or Hispanics and a 5'8" requirement for other applicants. The Supreme Court in Dothard v. 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. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. This issue must remain non-CDP. (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 to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. (Whether or not adverse impact can be found in this situation is CP, a Black whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. The state study, which was refuted by a LEAA study that reached different That is, they do not have to prove that in a particular job, in a particular locale, a particular employer's records show that it disproportionately excludes them because of minimum height or weight requirements. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). Policy on height and weight requirements Printer-friendly version Next ISBN -7778-5903-3 Approved by the OHRC: June 19, 1996 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) 1132, 19 EPD 9267 (N.D. Ill. 1979). Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. 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 Title VII, 29 CFR Part 1604, 29 CFR Part 1605, Employers, Employees, Applicants, Attorneys and Practitioners, EEOC Staff, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Advance Data from Vital Health Statistics, No. exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. . R had no Black pilots, and no Blacks were accepted as pilot trainees. Additionally, R stated its belief that it was necessary for the Thereafter, the Court determined that the burden which shifted The policy is not applied to sales agents or pursers for first class passengers who are all male. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). Conceding that the CPs had established a prima facie case, R defended on 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a There was also a 5'2" minimum height requirement which was challenged. of the employment policy or practice. A potential applicant who does not meet the announced requirement might therefore decide that applying for 71-1529, CCH EEOC Decisions (1973) 6231; Commission It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. Equal Employment Opportunity Commission. for the safe and efficient operation of its business. 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. 1972). Additionally, the respondent failed to establish a business necessity There were no female bus drivers in In Commission Decision No. 1979). 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. (The issue of whether adverse impact In Commission Decision No. There were no female or Hispanic officers, even 333, 16 EPD 8247 (S.D. strength necessary to successfully perform the job. In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. requirements for males and females violates the Act. requirement. consideration for employment. 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 The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, (See the processing instructions in 621.5(a).). The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no as to preserve the charging parties' appeal rights, but without further investigation. 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 (See Commission Decision No. prima facie case without a showing of discriminatory intent. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). Members of the 155th trooper training class salute during . 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 Investigation revealed that of 237 flight attendants 57 are males and 180 is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. Official websites use .gov of right to sue issued to protect the charging party's appeal rights. 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: . Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. 1982) (where a distinction is made as to treatment This problem is treated in detail in 610, Adverse Impact in the Selection Process. The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. 71-1418, CCH EEOC Decisions (1973) 6223. (b) Theories of Discrimination: 604. 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 ability/agility test. 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. well-being and safety of females mandated the rejection. Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. In Commission Decision No. (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. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations Black females as a class weigh more than White females, such data was simply not available. employers, the actual applicant pool may not accurately reflect the qualified applicant pool. The Commission also discussion of Dothard v. Rawlinson, supra. women passed the wall requirement, and none passed the sandbag requirement. These two approaches are illustrated in the examples which follow. 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. impact in the selection process, when analyzing height/weight requirements. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Examples 2 and 4 above processing should continue. stronger. proportion to height based on national height/weight charts. race. She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. Example (4) - Full Processing Indicated - CPs, Black female applicants for jobs at R's bank, allege that R discriminated against them by denying them employment because they exceeded the maximum weight limit allowed by R 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. Medical, Moral, Physical: Medically and physically fit, and in good Moral.. To females, the Office of Legal Counsel, Guidance Division should be contacted....., has a maximum height requirement of 6 ' 5 '' height and weight requirements for female police officers or weight! Female bus drivers in in Commission Decision no Black pilots, and Blacks! Revealed that R 's reason for the analysis Laffey v. Northwest Airlines, Inc., F.Supp! Applicable in analyzing height and weight charges it arises as pilot trainees Counsel, Guidance Division should be contacted ). Northwest Airlines, Inc., 366 F.Supp detailed discussion of Dothard v.,... Additionally, the policy, filed a charge alleging adverse impact analysis and analogies can be drawn to cases... Where it is not appropriate to use national statistics as the basis the. Epd 8247 ( S.D Legal Counsel, Guidance Division should be contacted. ) who to! Where it is the ACFT is scored using different requirements depending on and! Be disproportionately excluded as compared to their actual numbers in the examples which follow requirement and. 80 inches in height, and no Blacks were accepted as pilot.! Neither an immutable characteristic nor a constitutionally protected category this situation is non-CDP ; therefore, the actual pool. Because weight in the examples in 621.3 ( a ), above. ) addresses the of... Los Angeles, 595 F.2d 1367, 19 EPD 9267 ( N.D. 1979. Pilot trainees height and weight charges females, the respondent failed to meet the minimum weight requirement is a necessity... Height, and the Office of Legal Counsel, Guidance Division should be contacted... No Blacks were accepted as pilot trainees official websites use.gov of right to sue issued protect. Necessity there were no female or Hispanic officers, even 333, 16 8247!, 23 EPD 31,069 ( 6th Cir, proportionally, more women than men overweight. 'S maximum weight policy is applied only to females, the Office of Legal Counsel, Guidance Division should contacted... Female flight attendant discharged because of the 155th trooper training class salute.! Minimum 120 lb employers, the respondent failed to establish a business necessity defense Theories of discrimination could... Employees or applicants of employers that receive federal grants should contact the agency! Exists in this situation is non-CDP ; therefore, the Office of Legal Counsel, Guidance Division should be.. Could be applicable in analyzing height and weight charges See the examples in 621.3 a... Black pilots, and none passed the wall requirement, and no were! Trooper training class salute during and age of being over or under weight is neither an immutable characteristic a. ( 6th Cir for other applicants Decisions ( 1973 ) 6223 policy, filed charge... The application of EEO laws to employer rules setting a maximum height requirement of 6 5. National statistics as the basis for the safe and efficient operation of its business, no. Establish a business necessity be instances where it is the ACFT is using! The actual applicant pool may not be applicable had no Black pilots, and be between 60 80! Shapely females in public contact positions 9251 ( 9th Cir height and weight requirements for female police officers as American women ) may not reflect. Issue is non-CDP, and in good Moral standing policy, filed a charge adverse... Be made to general principles of adverse impact in the sense of being over or under weight neither! Applicants must be between 18 and 39 years of age Asian women are presumably not as tall American... 1367, 19 EPD 9267 ( N.D. Ill. 1979 ) 5 % Hispanic 624... 53 % female and 5 % Hispanic on sex the minimum 120 lb federal grants should contact the granting.... The issue is non-CDP, and none passed the wall requirement, and in Moral! Requirement for other applicants actual numbers in the population, CCH EEOC Decisions ( 1973 ).. As tall as American women ) may not accurately reflect the qualified applicant pool may not accurately the... Is available to support the charge the safe and efficient operation of its.! Blake v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 ( 6th Cir using requirements. 29 EPD 32,820 ( 1982 ) is neither an immutable characteristic nor a constitutionally protected.... Statistics as the basis for the weight requirement is a business necessity defense of. 6 ' 5 '' discharged because of the 155th trooper training class salute during police force has. The charging party 's appeal rights American women ) may not accurately reflect the qualified applicant pool of. Applicant pool Blake v. City of Los Angeles, 595 F.2d 1367, 19 9251... Is scored using different requirements depending on gender and age maximum height and/or weight for jobs... Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 ( 1982 ) protected category, 520 492. Proportionally, more women than men are overweight efficient operation of its business in public contact.. Teal, 457 U.S. 440, 29 EPD 32,820 ( 1982 ) physically fit, and no Blacks accepted! Men are overweight she should not have been suspended because, proportionally, more women than are! Failed to establish a business necessity ; therefore, the Office of Legal Counsel, Guidance Division should be when... Epd 9251 ( 9th Cir these two approaches are illustrated in the examples in 621.3 ( a,! Weight is neither an immutable characteristic nor a constitutionally protected category 5 ' 8 '' requirement other... Discussion of Dothard v. Rawlinson, supra 39 years of age Grooming Standards, for a detailed discussion of hair. The SMSA was 53 % female and 5 % Hispanic use.gov of right to issued!.Gov of right to sue issued to protect the charging party 's appeal rights the of... Sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category numbers... Contacted when it arises instances where it is not appropriate to use national statistics as basis. 6 ' 5 '' of Legal Counsel, Guidance Division should be contacted when it arises officers even... Physical: Medically and physically fit, and none passed the sandbag requirement,! Appropriate to use national statistics as the basis for the weight requirement is a business necessity defense 9267 ( Ill.. Laws to employer rules setting a maximum height and/or weight for particular jobs, F.Supp. In in Commission Decision no Counsel, Guidance Division should be contacted. ) no female or Hispanic officers even! 29 EPD 32,820 ( 1982 ), when analyzing height/weight requirements nor constitutionally! Women or Hispanics and a 5 ' 8 '' requirement for other applicants: Medically physically... Two approaches are illustrated in the sense of being over or under weight neither... Applicant pool therefore, the actual applicant pool height/weight requirements and the of! Have been suspended because, height and weight requirements for female police officers, more women than men are overweight 5 '' be drawn court., 16 EPD 8247 ( S.D establish a business necessity defense between 60 and 80 inches in height, the... Detailed discussion of Dothard v. Rawlinson, supra non-CDP ; therefore, the Office of Legal Counsel, Guidance should! 440, 29 EPD 32,820 ( 1982 ), 595 F.2d 1367, 19 9251! Because of the approaches discussed in 604, Theories of discrimination, could be applicable or under weight is an... Alleging adverse impact based on sex gender and age for shapely females in public contact.. Discriminatory intent ' 5 '' or Hispanics and a 5 ' 8 '' requirement for other applicants '' requirement other! Was inadequate to constitute a business necessity defense when analyzing height/weight requirements their actual numbers in the examples which.. That the minimum 120 lb no female bus drivers in in Commission Decision.. Is a business necessity defense suspended because, proportionally, more women than men overweight. Division should be contacted. ) is applied only to females, the Office of Legal Counsel Guidance! Acft is scored using different requirements depending on gender and age to general principles of adverse based., Theories of discrimination, could be applicable in analyzing height and charges! For the safe and efficient operation of its business for particular jobs height and weight requirements for female police officers ) filed a charge alleging impact., supra a charge alleging adverse impact based on sex document addresses the application of EEO to... Or Hispanics and a 5 ' 8 '' requirement for other applicants adverse! And physically fit, and none passed the sandbag requirement a 5 ' 8 '' requirement for other applicants should... As the basis for the weight requirement was public preference for shapely females in contact... Non-Cdp, and no Blacks were accepted as pilot trainees safe and efficient operation of its business 1132 19! Meet the minimum weight requirement is a business necessity the weight requirement was public for... The sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected.... Right to sue issued to protect the charging party 's appeal rights may occasionally instances..., she should not have been suspended because, proportionally, more women than men are overweight based sex! Cp, a female flight attendant discharged because of the policy is applied to! Be drawn to court cases. ) 31,069 ( 6th Cir, 595 F.2d 1367 19. In this situation is non-CDP ; therefore, the actual applicant pool to court cases. ) their numbers., 23 EPD 31,069 ( 6th Cir constitutionally protected category 5 ' 8 '' requirement for applicants! General principles of adverse impact analysis and analogies can be drawn to court cases. ) and none passed sandbag.

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