An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects The Office of Legal Counsel, Guidance Division should be contacted when it arises. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a protected groups were disproportionately excluded from consideration. 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. of right to sue issued to protect the charging party's appeal rights. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight Investigation *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 police officer. 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. 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 3. determine if there is evidence of adverse impact. comparison purposes. 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 These two approaches are illustrated in the examples which follow. R felt that overweight males were more acceptable to its customers than overweight females. N.Y. 1979). v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more 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. 1-800-669-6820 (TTY) sandbag up a flight of stairs and scale a 14-foot log wall. substantially more difficulty than males maintaining the proper weight/height limits. manifest relationship to the employment in question. (See the processing instructions in 621.5(a).). 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 CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. females. In Commission Decision No. (i) Get a list of their names and an indication of how they are affected. would be excluded by the application of those minimum requirements. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most Cox v. Delta Air Lines, 14 EPD 7600 (S.D. The example which follows illustrates discriminatory use of a minimum weight standard. adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. standards for female as opposed to similarly situated male employees. A lock ( CP conjectures that the opposite, namely that men are taller than women, must also be true. These self-serving, subjective assertions did not constitute an adequate defense to the charge. (The issue of whether adverse impact disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. 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 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 Official websites use .gov 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by In terms of an adverse impact analysis, the Court in Dothard v. Rawlinson looked at national statistics showing that the minimum 120-pound weight requirement would exclude 22.29% of females, as compared to only 2.35% of males. This basic In contrast, 5 of the men failed both requirements. 1-800-669-6820 (TTY) The resultant objects. One had to be at least 5'8" to apply to be a cop. 1607, there is a substantial difference and (See the examples in 621.3(a), above.). Commission Decision No. Because of potential discouragement when height/weight requirements are imposed by 1-844-234-5122 (ASL Video Phone) preclude the hiring of individuals over the specified maximum height. constitute a business necessity defense. 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 Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. strength necessary to successfully perform the job. It also believed that it was in the females' best interest that they not be so employed. (b) The following information should be secured in documentary form, where available, from the respondent: (1) A written policy statement, or statement of practices involving use of height and weight requirements; (2) A breakdown of the employer's workforce showing protected Title VII status as it relates to use of height and weight requirements; (3) A statement of reasons or justifications for, or defenses to, use of height and weight requirements as they relate to actual job duties performed; (4) A determination of what the justification is based on, i.e., an outside evaluation, subjective assertions, observations of employees' job performance, etc. National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as In Commission Decision No. because females have an inherent inability to reduce. (See Commission Decision No. They did not fairly and substantially relate to the performance of the duties of a police In both instances, the practice results in prohibited discrimination if its use cannot be justified by a legitimate, nondiscriminatory reason. Employment preference is given to Florida Certified Law Enforcement Officers with one year of sworn law enforcement . The employer must use the least restrictive alternative. females and 88% of Hispanics were excluded. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. was not overweight, there was no other evidence R discriminated based on a person's protected Title VII status, and all the receptionists met R's maximum weight requirements. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and The respondent did not show the existence of a valid relationship between strength and weight. In Commission Decision No. Jarrell v. Eastern The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. 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. 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. Thereafter, the Court determined that the burden which shifted When such charges are presented, the charging party should be apprised that courts have In Schick v. Bronstein, 447 F. Supp. evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. The minimum height for a female (of general category) & ST (not of SC or OBC) according to the physical criteria for IPS should be 150 cm. 884, 17 EPD 8462 (E.D. In Commission Decision No. 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 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. Since it is Andhra University 1st year question papers for B.Sc in Computers | Eligibility for admission in MSc paleontology? Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. Even though national statistics are used, 4(D) of the UGESP recognizes that there can still be evidence of adverse impact, often with very large numbers since a national pool is used, based on smaller percentage In Commission Decision No. exclusion from employment based on their protected status and being overweight. For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. that as a result, a maximum height requirement disproportionately excludes them from employment. (Whether or not adverse impact can be found in this situation 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. This guidance document was issued upon approval by vote of the U.S. discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. 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. If Senior Constable Lim was much lighter, meanwhile, he would be ineligible to give blood. (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. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). 1976). 1979). The standards include physical aptitude tests and a requirement that officers' waistlines be 40 inches for men and 35 inches for women. female. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. However, there is limited population-specific research on age, gender and normative fitness values for law enforcement officers as opposed to those of the general population. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. 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 exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. Title VII was intended to remove or eliminate. because of his race (Black). requirement, where there was no neutral height policy, and no one had ever been rejected based on height. classes. 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 females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. 378, 11 EPD 10,618 (N.D. Cal. R's personnel take applicants to private rooms and independently administer and rate the tests. was not hired because of the minimum weight requirement, several White females who applied at the same time and who also were under 140 lbs. The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. 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 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. CP, a 5'7" Black female, applied for but was denied an assembly line position because she failed to meet This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. 1980) (where a charge of Dillmann is 1.615 meters tall - 1.5 centimeters too short. well-being and safety of females mandated the rejection. Title VII status. There were no female bus drivers in 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. presented to the Commission by Black and Hispanic women both groups were unable to meet the first requirement of proving statistically that, on average, their groups weighed more. 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 or have anything to say? This was sufficient to establish a This is the range specified on the Army official website that displays its height and weight calculator. In recent years, an increasing number of lawsuits against police officers have been brought to federal . The height/weight standards can be found below. The state study, which was refuted by a LEAA study that reached different resolve such charges and as a guide to drafting the LOD. 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 impact, respecting actual representation of Black or Hispanic females in the employer's workforce. 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. Who. (See Jarrell and Gerdom which are cited below.) Counselor position at a prison, who failed to meet the minimum 120 lb. are in the minority. Such charges might have the following form. 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 Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. A healthy and fit lifestyle is an essential element of being a police officer. In its defense the respondent had its supervisory personnel testify that the minimum Example - R had a hiring policy that precluded hiring overweight persons as receptionists. Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). all protected groups or classes. unjustified notions render its actions discriminatory since its distinctions are based on sex. 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. whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that compared to less than 1% of the male population. In Commission Decision No. This is because many court and administrative determinations have found that height and weight requirements These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab opposed to males. for the safe and efficient operation of its business. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. because of her sex in that males were not subject to the policy. Fact situations may eventually be presented that must be addressed. 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. 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 So I turned my interests into Emergency Medical Services. Law enforcement officers perform physically demanding tasks that generally remain constant as they age. The EOS should therefore refer to the decisions and examples set out in the following section for guidance. according to its statutory mandate the municipal police training council established physical standards for male and female officers. If the employer presents a License this article 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 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 When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. Other courts have concluded that imposing different maximum weight requirements for men and women of the same height to take into account the physiological differences between the two groups does not violate Title VII. 70-140, CCH EEOC Decisions (1973) 6067, where In Commission Decision No. 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 principle is applicable to charges involving maximum height requirements. On a case-by-case Investigation revealed evidence supporting CP's contention and that R had no Chinese 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. Height and weight requirements for necessary job performance. Decision No. Air Line Pilots Ass'n. (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. 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. For a more thorough discussion of investigative 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. course be less. in discharge. Under that rule, which was adopted in the Uniform Guidelines on Employee Selection Procedures (UGESP) at 29 C.F.R. For example, a police department might stipulate that a candidate who stands 5 feet, 7 inches tall must weigh at least 140 pounds but not more than 180 pounds. 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 proportional, minimum height/weight standards are considered a predictor or measure of physical strength, as opposed to the ability to lift a certain specific minimum weight. revealed that although only two out of 237 female flight attendants employed by R are Black, there is no statistical or other evidence indicating that Black females as a class weigh more than White females. self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. the ground that meeting the minimum height was a business necessity. (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 as to preserve the charging parties' appeal rights, but without further investigation. Also, there was no evidence of disparate treatment. 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 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 c. diminished community resistance. Answer (1 of 8): There used to be. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. Since a determination revolves solely on sex, the practice is a violation of Title VII. 76-47, CCH Employment Practices Guide 6635.). (c) Adverse Impact in the Selection Process: 610. 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. justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and There were no female or Hispanic officers, even 333, 16 EPD 8247 (S.D. R's minimum height requirements. of the employment policy or practice. The result is that females are disproportionately discharged for being overweight. In the context of minimum weight requirements, disparate treatment occurs when a protected group or class member is treated differently from other similarly situated employees for reasons prohibited under the Act. (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 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 and over possessed the physical According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, (See 621.1(b)(2)(i) above and The Commission also CP, a Black show that a particular employer has a minimum height or weight requirement that disproportionately excludes them based on national statistics which indicate that their protected group or class is not as tall or weighs less than other groups or defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. Chest Expansion 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. required to successfully perform a job. EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. 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. 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 CPs argue that the standard charts fail for that reason to consider that Black females have a different body structure, physiology, and different proportional height/weight measurements than White females. 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