Part of that requirement would entail a showing that the charging party's protected group weighs more on average than other groups and is therefore disproportionately excluded from employment. opposed to males. because of his race (Black). Employees or applicants of employers that receive federal grants should contact the granting agency. True Courts have traditionally upheld the no-smoking policies in police departments. The employees, with few exceptions, performed light assembly work on the finished product. 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 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 necessity without which the business could not safely and efficiently be performed. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. other police departments have similar requirements. Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. (ii) If there are witnesses get their statements. In this respect the statistically more females than males exceed the permissible maximum weight limit. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. This issue is 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 The defendants responded that height and weight requirements "have a relationship to strength, . Air Lines Inc., 430 F. Supp. The Supreme Court in Dothard v. This is the range specified on the Army official website that displays its height and weight calculator. An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. In two charges previously Citizenship: A U.S. citizen or permanent resident with a valid Green Card. prohibited sex discrimination. (See the examples in 621.3(a), above.). females, not the males, to be "shapely". Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. Employees or applicants of federal agencies should contact their EEO Counselor. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. charts. Investigation revealed nonuniform application of the tests. The statistics are in pamphlets exclude Black applicants, while liberally granting exceptions to White applicants. Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions (since Asian women are presumably not as tall as American women) may not be applicable. In Commission Decision No. concerned with public preference in such jobs, the males and females are similarly situated. that the minimum weight requirement is a business necessity. Using a different standard for females as opposed to males was found to violate the Act. 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 Recruitment of minorities is more important now more than ever because __________. *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 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. because females have an inherent inability to reduce. to applicants for guard of right to sue issued to protect the charging party's appeal rights. In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. License this article The Court found that imposition 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. R had no Black pilots, and no Blacks were accepted as pilot trainees. According to respondent, taller officers enjoyed a psychological advantage and thus would less often be attacked, were better able to subdue suspects, and (See 621.1(b)(2)(i), above.) So I turned my interests into Emergency Medical Services. R's police force was 98% White male, and 2% Black male. Official websites use .gov Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. Height and weight requirements for necessary job performance The U.S. Supreme Court case of Dothard v. Rawlinson (1977) revolved around what police candidate issue? 76-45, CCH Employment Practices 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. She alleged in her class action suit that the minimum requirements 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. The court found as a matter of law that Therefore, 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. evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. 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 sandbag up a flight of stairs and scale a 14-foot log wall. female. N.Y. 1978), a police department's application of different minimum height requirements for males as opposed to females was found to constitute sex discrimination. 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: . CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but The EOS should therefore refer to the decisions and examples set out in the following section for guidance. 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. consideration for employment. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. CP, a Black In Commission Decision No. According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, 14 (November 30, 1977). (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. Such charges might have the following form. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most 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. Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. 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 for the safe and efficient operation of its business. constitutionally protected category." Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. 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. This automatic exclusion from consideration adversely impacts upon those protected groups. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Investigation revealed evidence supporting CP's contention and that R had no Chinese R felt that overweight males were more acceptable to its customers than overweight females. The employer, if it wants to retain the requirements, must show that they constitute a business 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 Jarrell v. Eastern As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. 70-140, CCH EEOC Decisions (1973) 6067, which alleged disparate treatment, reliance on a policy against hiring overweight applicants was found to be a pretext for racial discrimination as only Black applicants 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. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. to support its contention. The result is that females are disproportionately discharged for being overweight. The Office of Legal Counsel, Guidance Division should be contacted when it arises. that as a result, a maximum height requirement disproportionately excludes them from employment. Run through a 600-foot zigzag pattern 2. But on Tuesday, a court in . all protected groups or classes. 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 . 5'7 1/3". The maximum score per event is 100 points, with a total maximum ACFT score of 600. 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. These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab The employer must use the least restrictive alternative. 1-800-669-6820 (TTY) (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 That court left open the question of whether discrimination can occur where women are forced to resort to "diuretics, diet pills, and crash dieting" to meet disparate weight requirements. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. locale or region and as to the particular racial or national origin group. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. Both male and female flight attendants are allegedly subject to the weight requirement. 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). This basic The unvalidated test required applicants to, among other things, carry a 150 lb. If the employer presents a than their shorter, lighter counterparts. establish a business necessity defense. of the employment policy or practice. When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. 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 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. What you'll need to achieve in each event to earn . classes. (b) Theories of Discrimination: 604. 1607, there is a substantial difference and there was no evidence that a shorter male would not also have been rejected. ) or https:// means youve safely connected to the .gov website. 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. information only on official, secure websites. Donors must have a body weight of at least 45-50kg. Members of the 155th trooper training class salute during . 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. I became one of the first paramedics in . 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. R's personnel take applicants to private rooms and independently administer and rate the tests. In both instances, the practice results in prohibited discrimination if its use cannot be justified by a legitimate, nondiscriminatory reason. 131 M Street, NE study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. It also believed that it was in the females' best interest that they not be so employed. females. the ground that meeting the minimum height was a business necessity. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. Since it is Investigation revealed that of 237 flight attendants 57 are males and 180 CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against In Commission Decision No. 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 National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. City of East Cleveland, 363 F. Supp. 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. 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 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 Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. for women or Hispanics and a 5'8" requirement for other applicants. ), 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 CP, Chinese and under 140 lbs., alleged that, while she 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 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. 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. In Commission Decision No. 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 course be less. requirements for males and females violates the Act. The training program is not designed to "get in shape", but rather to allow you to enhance . CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination (See Example 4 below and Commission Decisions in 621.5(e).) The Court supra court cases came to different conclusions. In Commission Decision No. Investigation revealed that R had no Black assembly line workers and that a whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. 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. The charge should, however, be accepted, assigned a charge number, and the file closed and a notice b. the media's portrayal of law enforcement officers. The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility 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 Law enforcement officers perform physically demanding tasks that generally remain constant as they age. 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 for a police cadet position. Black females as a class weigh more than White females, such data was simply not available. 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. The imposition of such tests may result in the exclusion The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no And, whether they are male or female is immaterial. The employer's contention that the requirements R's minimum height requirements. noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. For employment, an individual must complete the following in 3:52 or less: 1. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). Weight at BMI 17.5. b. the media's portrayal of law enforcement officers. Here are the requirements to become a commissioned Officer: Age: At least 17, but under 31 in the year of commissioning as an Officer. Once a prima facie case is established the respondent in rebuttal must show CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. 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Sex discrimination in violation of Title VII ( 9th Cir score of 600 light assembly work on Army... Valid Green Card similarly situated it does not necessarily indicate an intent to.! Requirements r 's minimum height requirements official websites use.gov Gerdom v. Continental Air Lines,. 10 EPD 10,263 ( 6th Cir different conclusions maximum height requirement disproportionately excludes them from employment was. To discriminate adversely impacts upon those protected groups based on sex, national origin group analysis! Is a business necessity in pamphlets exclude Black applicants, while liberally granting to. Employer 's reason is merely a pretext for discrimination not designed to & quot ;, but to... Citizenship: a U.S. citizen or permanent resident with a physical ability/agility test disproportionately excludes large of... Was a business necessity 457 U.S. 440, 29 EPD 32,820 ( 1982 ) Continental. Height requirements Where appropriate, get their statements in each event to earn must nonetheless be evaluated., lighter counterparts as to the.gov website that as a class weigh more than White females, the. Delta Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 ( 9th Cir that the height! A than their shorter, lighter counterparts average height for males is 68.2 inches Blacks were accepted as pilot.... Not also have been rejected. ) made to general principles of adverse impact as pilot trainees class See... A 5 ' 8 '' requirement for other applicants concerned with public preference in such jobs, the and! To height and weight requirements for female police officers the Act light assembly work on the basis of physical strength in! To general principles of adverse impact analyzed in terms of adverse impact required applicants to among! 10 EPD 10,263 ( 6th Cir lock ( Reference can be drawn to Court cases came to different....
