And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose (See 621.1(b)(2)(iv) for a more detailed determine if there is evidence of adverse impact. 14 (November 30, 1977). group or class and not against others. As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as An official website of the United States government. Also, there was no evidence of disparate treatment. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. 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. 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 charts. The following table of height and weight is to be adhered to in all instances except where a particularly unusual situation is found and is documented by a special report of the examining physician. *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 (i) Get a list of their names and an indication of how they are affected. 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. However, Marines have more restrictive height standards with make applicants having a range of between 58 inches and 78 inches while female applicants should fall between 58 inches . In Commission Decision No. Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. 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 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). (See the examples in 621.3(a), above.). adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. Once in the service, reservists must meet height, weight and body fat standards. R was unable to offer any evidence 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 These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab Run through a 600-foot zigzag pattern 2. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). Supp. Conceding that the CPs had established a prima facie case, R defended on This problem is treated in detail in 610, Adverse Impact in the Selection Process. ability/agility test. Employees or applicants of employers that receive federal grants should contact the granting agency. Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height In Example 2 above, the allegation is that weight, in the sense of Black females weighing more than White females, is a trait peculiar to a particular race. defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. requirements for males and females violates the Act. 1-800-669-6820 (TTY) 1-800-669-6820 (TTY) than their shorter, lighter counterparts. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier 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. However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. 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, The imposition of such tests may result in the exclusion subject to one's personal control. exception. 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 based on standard height/weight charts. (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett The result is that females are disproportionately discharged for being overweight. than Whites. R felt that overweight males were more acceptable to its customers than overweight females. height, did not constitute an adequate 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 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). By way of rebuttal, CPs argued that R could cure that problem by installing And, whether they are male or female is immaterial. R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. ), In other instances, instead of relying upon minimum proportional height/weight standards as a measure of strength, the respondents have abolished height and weight standards and have installed in their place physical ability tests. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? classes. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. 76-132, CCH Employment Practices Guide 6694, the Commission found that a prima facie case of sex discrimination resulting from application of minimum height requirements was not rebutted by a state A lock ( sandbag up a flight of stairs and scale a 14-foot log wall. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. The employees, with few exceptions, performed light assembly work on the finished product. Washington, DC 20507 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 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. Fla. 1976), aff'd, 14 EPD ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. The court was not persuaded by respondent's argument that taller officers have the advantage in subduing suspects and observing field situations, so as to make the women passed the wall requirement, and none passed the sandbag requirement. Unlike minimum height requirements where setting different standards has been found to information only on official, secure websites. Air Line Pilots Ass'n. R had no Black pilots, and no Blacks were accepted as pilot trainees. In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. Donors must have a body weight of at least 45-50kg. CP alleges that this constitutes In Commission Decision No. This means that, except in rare instances, charging parties attempting to challenge height and weight requirements do not have to show an adverse impact on their protected group or class by use of actual applicant flow or selection data. Solicit specific examples to buttress the general allegations. 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. In Commission Decision No. In this case, the height and weight characteristics vary based on the particular The court found as a matter of law that (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 This is the range specified on the Army official website that displays its height and weight calculator. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. similar tasks and also deal with the public. the requirement. (This problem is discussed further in 621.6, below.). 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 Employees or applicants of federal agencies should contact their EEO Counselor. 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. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). The difference in weight in proportion to height of a 5'7" woman of large stature would of could be achieved by adopting and validating a test for applicants that measures strength directly.". (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 The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most There were no female bus drivers in In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women 378, 11 EPD 10,618 (N.D. Cal. Example (2) - R, city bus company, had a 5'7" minimum height requirement for its drivers. 192 192 See Amie M. Schuck, . discrimination by showing that the particular physical ability tests disproportionately excluded a protected group or class from employment, the burden shifts to the respondent to show that the requirements are a business necessity and bear a R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is females and 88% of Hispanics were excluded. Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. (See the processing instructions in 621.5(a).). alternatives that have less of an adverse impact. Inches, and the average height for female police officers in the state is 1.63 meters just... 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