Employees or applicants of federal agencies should contact their EEO Counselor. Study with Quizlet and memorize flashcards containing terms like Courts typically have supported the need for maximum weight standards or a height-to-weight proportion ratio., One of the problems with the requirement of higher education for police officers is the fear of minority discrimination ., Physical agility testing has been criticized for discriminating against: and more. This issue must remain non-CDP. techniques, the EOS should consult 602, How to Investigate. CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. of the employment policy or practice. Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. comparison purposes. 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 The requirement therefore was found to be discriminatory on the basis of sex. In Commission Decision No. 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. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. sandbag up a flight of stairs and scale a 14-foot log wall. 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 CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but Flight attendants found in violation of the policy three times are discharged. resolve such charges and as a guide to drafting the LOD. The charge should, however, be accepted, assigned a charge number, and the file closed and a notice Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. Selection Procedures at 29 C.F.R. determine if there is evidence of adverse impact. ___, 24 EPD 31,455 (S.D. 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 Out of the next class of 150 applicants, 120 men and 30 women, only two The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. 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. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. If the employer presents a Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions (1) Secure a detailed statement delineating exactly what kind of height and weight requirements are being used and how they are being used. Investigation revealed evidence supporting CP's contention and that R had no Chinese Additionally, the respondent failed to establish a business necessity females. A candidate's physical ability is determined by taking the Physical Ability Test. 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 requirements have been set for females as opposed to males. justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. treatment. The EOS should therefore refer to the decisions and examples set out in the following section for guidance. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? validate a test that measures strength directly. One had to be at least 5'8" to apply to be a cop. Height/Weight Standards: . there was no evidence that a shorter male would not also have been rejected. than Whites. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. Dillmann is 1.615 meters tall - 1.5 centimeters too short. 7601 (5th Cir. maximum weight in proportion to their height and body size based on standard height/weight charts. b. the media's portrayal of law enforcement officers. Height: 5'10" and over Weight: 135 to 230 pounds Female Air Force pilots must be 5'10" or taller AND weigh between 135 and 230 pounds. Absent such a showing, a prima facie case is not established. 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. So I turned my interests into Emergency Medical Services. Instead, charging parties can 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. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. 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. 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. Investigation revealed nonuniform application of the tests. requirement. The employer's contention that the requirements 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. (ii) Where appropriate, get their statements. entitled, Advance Data from Vital Health Statistics, No. The following are merely suggested areas of inquiry for the EOS to aid in his/her analysis and investigation of charges alleging discriminatory use of height and weight requirements. constitutionally protected category." preclude the hiring of individuals over the specified maximum height. for a police cadet position. were rejected for being overweight. establish a business necessity defense. 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. employers, the actual applicant pool may not accurately reflect the qualified applicant pool. . the ground that meeting the minimum height was a business necessity. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more 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. (The issue of whether adverse impact 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. Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. Find your nearest EEOC office proportion to height based on national height/weight charts. . 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. The Supreme Court in Dothard v. 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 Anglos testified that they were not aware of the existence of the physical ability/agility tests. CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. 76-83, CCH Employment R's In recent years, an increasing number of lawsuits against police officers have been brought to federal . for males, was discriminatory. Example (4) - Full Processing Indicated - CPs, Black female applicants for jobs at R's bank, allege that R discriminated against them by denying them employment because they exceeded the maximum weight limit allowed by R to support its contention. evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. 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. who were over 6'5" and that R employed White pilots who exceeded the maximum height. 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. CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate Indeed, the (2) Determine the Title VII basis, e.g., race, color, sex, national origin or religion, of the complaint, and the issues or allegations as they relate to a protected for women or Hispanics and a 5'8" requirement for other applicants. 70-140, CCH EEOC Decisions (1973) 6067, where When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. 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. Height and weight requirements for necessary job performance. 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