In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. 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. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). (See 604, Theories of Discrimination.) Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. 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 For a determination of whether the 4/5ths or 80% rule test, as opposed to the test of statistical or practical significance, can be used when dealing with height/weight requirements and a 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by Additionally, the respondent failed to establish a business necessity (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). There were no female or Hispanic officers, even There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no R's personnel take applicants to private rooms and independently administer and rate the tests. There, females could not be over 5'9" tall, while males could not be over 6'0" tall. The conclusions, was inadequate to constitute a business necessity defense. Example (1) - Prison Correctional Counselors - In Dothard v. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2" and weight of 120 lbs. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. In Commission Decision No. CP, Chinese and under 140 lbs., alleged that, while she (See the examples in 621.3(a), above.). 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. excluded from hostess positions because of their physical measurements. Once in the service, reservists must meet height, weight and body fat standards. Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. 1107, 21 EPD 30,419 (E.D. * As an example, Thereafter, the Court determined that the burden which shifted 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. 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. 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 Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. 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. 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. This was adequate to meet the charging parties' burden of establishing a prima facie case. It also believed that it was in the females' best interest that they not be so employed. (BMI calculator says you are underweight). 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, strength necessary to successfully perform the job. though the SMSA was 53% female and 5% Hispanic. And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. 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 Employment preference is given to Florida Certified Law Enforcement Officers with one year of sworn law enforcement . Example (1) - R, an airline, has an established maximum weight policy under which employees can be disciplined and even discharged for failing to maintain their weight in proper proportion to their height, based on a 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 (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. In Commission Decision No. (See Appendix I.). These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. (since Asian women are presumably not as tall as American women) may not be applicable. b. the media's portrayal of law enforcement officers. non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). 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 required to successfully perform a job. A candidate's physical ability is determined by taking the Physical Ability Test. A slightly smaller range is not acceptable. entitled, Advance Data from Vital Health Statistics, No. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, d. improved educational opportunities. 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 The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. Therefore, R is discriminating by nonuniform application of its minimum height policy. 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. 1982) (where a distinction is made as to treatment The maximum score per event is 100 points, with a total maximum ACFT score of 600. 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. 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). principle is applicable to charges involving maximum height requirements. 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 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. were rejected for being overweight. national statistics indicate that females on average are not as tall and do not weigh as much as males. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. In some cases, substantial number of R's existing employees and new hires were under 5'8" tall. Instead, charging parties can The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. for a police cadet position. CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but Example (1) - Weight as Mutable Characteristic - R, an airline, has a policy under which male and female flight attendants are required to maintain their weight in proportion to their height based on national height/weight An official website of the United States government. Additionally, the Black female was unable to show that statistically 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 reality of police work is that you are going to have to get physical with suspects, and you can't do that. Your are also quite skinny even for someone of your height. other police departments have similar requirements. Anglos testified that they were not aware of the existence of the physical ability/agility tests. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular standards for female as opposed to similarly situated male employees. When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. 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. 378, 11 EPD 10,618 (N.D. Cal. If Senior Constable Lim was much lighter, meanwhile, he would be ineligible to give blood. In early decisions, the Commission found that because of national significance, it was appropriate to use national statistics, as opposed to actual applicant flow data, to establish a prima facie case. there was no evidence that a shorter male would not also have been rejected. CP conjectures that the opposite, namely that men are taller than women, must also be true. (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). for women or Hispanics and a 5'8" requirement for other applicants. 192 192 See Amie M. Schuck, . origin traits they as a class weigh proportionally more than other groups or classes, when the weight of each of the group or class members is in proportion to their height, the charge should be accepted, and further investigation conducted to women passed the wall requirement, and none passed the sandbag requirement. The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. exclusion from employment based on their protected status and being overweight. 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 R alleges that its concern for the are in the minority. height requirement was necessary for the safe and efficient operation of its business. Practices Guide 6661, the Commission looked at national statistics and the fact that all of respondent's police officers were male and concluded that the respondent's minimum 5'9", 145 lbs., requirement disproportionately impacted against In Commission Decision No. 670, 20 EPD 30,077 (D.C. Md. rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. 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height and weight requirements for female police officers