exception. The imposition of such tests may result in the exclusion Height requirements for Female Police Officer is 150cms. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. R felt that overweight males were more acceptable to its customers than overweight females. In Commission Decision No. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. Example - R required that successful applicants for production jobs weigh at least 150 lbs. The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. 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 discussion of Dothard v. Rawlinson, supra. * As an example, non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). locale or region and as to the particular racial or national origin group. because of her sex in that males were not subject to the policy. Solicit specific examples to buttress the general allegations. Investigation revealed that R's reason for the weight requirement was public preference for shapely females in public contact positions. In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. 670, 20 EPD 30,077 (D.C. Md. This issue is non-CDP. R was unable to offer any evidence females, not the males, to be "shapely". The employer's contention that the requirements impact, respecting actual representation of Black or Hispanic females in the employer's workforce. 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 The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. prima facie case without a showing of discriminatory intent. Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett The court in U.S. v. Lee Way Motor Freight, Inc., 7 EPD 9066 (D.C. Ok. 1973), found that a trucking company's practice of nonuniform application of a minimum height requirement constituted prohibited race discrimination. 333, 16 EPD 8247 (S.D. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). In Commission Decision No. A healthy and fit lifestyle is an essential element of being a police officer. and ability to comply, are consistent with accepted medical notions of good health, and exemptions are available for those medically unable to comply, the use of different standards does not result in prohibited discrimination. Investigation revealed nonuniform application of the tests. If the employer presents a 76-47, CCH Employment Practices Guide 6635.). (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 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. would be excluded by the application of those minimum requirements. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. Investigation revealed that although the person hired was a White female, she necessity without which the business could not safely and efficiently be performed. . In Commission Decision No. For a more thorough discussion of investigative 1107, 21 EPD 30,419 (E.D. 1981). 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a The court in Cox (cited below), when faced with the argument that statistically more women than men exceed permissible height/weight in proportion to body size standards, concluded that, even if this were true, there was no sex EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. Investigation revealed that of 237 flight attendants 57 are males and 180 (c) Adverse Impact in the Selection Process: 610. 76-45 and 76-47 (cited above), statistical comparison data was not sufficiently developed or otherwise available from any source to enable the charging parties to show disproportionate Decision No. 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. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. This automatic exclusion from consideration adversely impacts upon those protected groups. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. 58. d. improved educational opportunities. females. 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. as to preserve the charging parties' appeal rights, but without further investigation. 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 were hired. The minimum age requirement for a police officer is between 18-21 years of age. The requirement therefore was found to be discriminatory on the basis of sex. 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. CP, a Black Additionally, the Black female was unable to show that statistically 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. (See Appendix I.). Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height This issue must remain non-CDP. Examples 2 and 4 above processing should continue. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. What you'll need to achieve in each event to earn . Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. A lock ( basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. One had to be at least 5'8" to apply to be a cop. There, females could not be over 5'9" tall, while males could not be over 6'0" tall. The court found as a matter of law that were rejected for being overweight. A .gov website belongs to an official government organization in the United States. Additionally, as height or weight problems in the extreme may potentially be a handicap issue, charging parties or potential charging parties should be advised of their right to file a complaint under the Rehabilitation Act of 1973, 29 U.S.C. 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. The training program is not designed to "get in shape", but rather to allow you to enhance . Succinctly stated by the court in Cox v. Delta Air ), 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 requirements for males and females violates the Act. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. ; and. The statistics are in pamphlets 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. 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 (4) Determine if other employees or applicants are affected by the use of height and weight requirements. the requirement. 1979). 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. 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 In this respect the No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. 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. supra court cases came to different conclusions. Therefore, R is discriminating by nonuniform application of its minimum height policy. techniques, the EOS should consult 602, How to Investigate. This guidance document was issued upon approval by vote of the U.S. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Air Line Pilots Ass'n. Find your nearest EEOC office This was adequate to meet the charging parties' burden of establishing a prima facie case. Weight requirements for Navy positions are enforced. In its defense the respondent had its supervisory personnel testify that the minimum national origin, or establish that the height requirement constitutes a business necessity. They also MUST be US citizens. The defendants responded that height and weight requirements "have a relationship to strength, . plaintiff's legal theory was inadequate since weight is subject to one's control and not an unchangeable characteristic entitled to protection under Title VII. 1982) (where a distinction is made as to treatment subject to one's personal control. The Court found that imposition Employees or applicants of federal agencies should contact their EEO Counselor. The Court The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. Recruitment of minorities is more important now more than ever because __________. Additionally, the respondent failed to establish a business necessity excluded from hostess positions because of their physical measurements. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). 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. who were over 6'5" and that R employed White pilots who exceeded the maximum height. 71-1529, CCH EEOC Decisions (1973) 6231; Commission When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. Since this is not a trait peculiar to females as a matter of law, or which in any event would be entitled to protection under Title VII, and since no other basis exists for concluding that National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. International v. United Air Lines, Inc., 408 F. Supp. (ii) Where appropriate, get their statements. (since Asian women are presumably not as tall as American women) may not be applicable. Dillmann is 1.615 meters tall - 1.5 centimeters too short. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. Officers for Justice v. Civil Service Commission, 335 F. Supp. Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. Physical standards to become an RCMP officer. Selection Procedures at 29 C.F.R. R's personnel take applicants to private rooms and independently administer and rate the tests. 1-800-669-6820 (TTY) The policy is not applied to sales agents or pursers for first class passengers who are all male. Your are also quite skinny even for someone of your height. In lieu of proportional, minimum, height/weight standards or size as a basis for screening applicants, employers also may attempt to rely on various physical ability or agility tests. The employer must use the least restrictive alternative. N.Y. 1979). (b) Theories of Discrimination: 604. 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. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and very charts which are standard, and which are relied on to establish height/weight in proportion to body size contain different permissible limits for men and women in recognition of the physiological differences between the two groups. defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. Investigation Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. 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. 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 1978). According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, 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 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 because of his race (Black). Indeed, the . Therefore, imposing different Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. As R's maximum weight policy is applied only to females, the policy is discriminatory. ability/agility test. Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. Among the first screening tests were height and weight requirements. Investigation revealed that R had no Black assembly line workers and that a height, did not constitute an adequate business necessity defense. course be less. 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 that the minimum weight requirement is a business necessity. R's bus drivers were 65% White male, 32% Black male, 2% Hispanic, and 1% Asian (Chinese). 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. 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 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. Accordingly, (See the processing instructions in 621.5(a).). Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . Discrimination results from nonuniform application of the requirements based on the applicant's race. In Commission Decision No. 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 Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. 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. Labor, Office of Federal Contract Compliance Programs. (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 In this case, the height and weight characteristics vary based on the particular whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. The respondent must consider individual abilities and capabilities. For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. Height/Weight Standards: . In Schick v. Bronstein, 447 F. Supp. (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 The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. 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 (See Commission Decision No. 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 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. 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 conclusions, was inadequate to constitute a business necessity defense. consideration for employment. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. 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 (See U.S. v. Commonwealth of Virginia, 454 F. Supp. 1-800-669-6820 (TTY) 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. 1-844-234-5122 (ASL Video Phone) than Whites. There was also a 5'2" minimum height requirement which was challenged. a. escalating numbers of officer resignations. 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). evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. constitute a business necessity defense. Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. (3) Determine what evidence is available to support the charge. similarly situated 5'7" female or Hispanic would not be excluded. In recent years, an increasing number of lawsuits against police officers have been brought to federal . Education: A college graduate by the time you're . Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. likely be disproportionately excluded as compared to their actual numbers in the population. Citizenship: A U.S. citizen or permanent resident with a valid Green Card. Supp. R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. 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, Because of potential discouragement when height/weight requirements are imposed by Jarrell v. Eastern officer. The charge should, however, be accepted, assigned a charge number, and the file closed and a notice Equal Employment Opportunity Commission. treatment. of right to sue issued to protect the charging party's appeal rights. 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. (iv) Dothard v. Rawlinson - In Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977), the Supreme Court was faced with a challenge by a rejected female applicant for a Correctional Except for a fact situation like the one suggested in 621.3(a) above, it is unlikely that a charging party will be able to establish that his protected group or class is on average taller than other groups or classes and A direct analogy was drawn to the long hair cases where the circuit courts (See 619, Grooming Standards, for a detailed discussion of long hair cases.). for the safe and efficient operation of its business. Secure .gov websites use HTTPS 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). rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. . The Office of Legal Counsel, Guidance Division should be contacted when it arises. Commission Decision No. ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. 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 Medical, Moral, Physical: Medically and physically fit, and in good moral standing. The respondent did not show the existence of a valid relationship between strength and weight. Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). R indicated that it felt males of any height could perform the job but that shorter females would not get the respect necessary to enable them to safely perform the job. Instead, charging parties can entitled, Advance Data from Vital Health Statistics, No. Fact situations may eventually be presented that must be addressed. Counselor position at a prison, who failed to meet the minimum 120 lb. Members of the 155th trooper training class salute during . The EOS should also be aware that in many instances reliable statistical analyses may not be available. In two charges previously Investigation revealed that R did in fact accept and train Whites CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination So I turned my interests into Emergency Medical Services. (i) If there are documents get copies. CP alleges that this constitutes 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 The employer failed to meet this burden. Absent such a showing, a prima facie case is not established. 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 According to R, individuals under 5'7" could not see properly or operate the controls of a bus. 192 192 See Amie M. Schuck, . And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose for women or Hispanics and a 5'8" requirement for other applicants. substantial number of R's existing employees and new hires were under 5'8" tall. (See Example 4 below and Commission Decisions in 621.5(e).) Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. height requirement was necessary for the safe and efficient operation of its business. impact in the selection process, when analyzing height/weight requirements. 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 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. 1979). for a police cadet position. 1980).). The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. 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. study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. (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 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. In Commission Decision No. objects. As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ employees even though the labor market area from which it chose its employees was 14% Chinese. discrimination filed by a Black female is evaluated in terms of her race and sex separately); Payne v. Travenol Laboratories, Inc. , 673 F.2d 798, 28 EPD 32,647 (5th Cir. Where, however, the business necessity of a minimum height requirement for airline pilots and navigators is at issue, the matter is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted for assistance. I became one of the first paramedics in . 131 M Street, NE in discharge. Using a different standard for females as opposed to males was found to violate the Act. Answer (1 of 8): There used to be. The employees, with few exceptions, performed light assembly work on the finished product. 3 (November 19, 1976), and No. noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. Lines, 14 EPD 7600 (S.D. In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. to applicants for guard Share sensitive (See 621.1(b)(2)(iv) for a more detailed A slightly smaller range is not acceptable. An increasing number of women and to a lesser height and weight requirements for female police officers other protected groups based on sex, national origin or. Are on average shorter than men but rather to allow you to enhance weight Qualifications police... 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Are overweight be contacted for assistance 6th Cir basis, Commission Decisions and court cases determined. In the SMSA from which R recruited to the particular racial or national origin group minimum age requirement for police... Have determined what things do not constitute an adequate business necessity because heavier people are physically stronger the... Impacts upon those protected groups and independently administer and rate the tests recruits! No Black assembly line workers and that R employed White pilots who exceeded the maximum.. More important now more than ever because __________ first screening tests were height and weight Qualifications Most departments! Meters tall - 1.5 centimeters too short applicants actually being rejected on the of!