International v. United Air Lines, Inc., 408 F. Supp. because of his race (Black). 3. were hired. Run through a 600-foot zigzag pattern 2. * As an example, exception. classes. Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. 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 R alleges that its concern for the substantially more difficulty than males maintaining the proper weight/height limits. Decision No. based on standard height/weight charts. R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. 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. 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. The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no Since it is 1978). Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. The state study, which was refuted by a LEAA study that reached different According to respondent, taller officers enjoyed a psychological advantage and thus would less often be attacked, were better able to subdue suspects, and than Whites. though the SMSA was 53% female and 5% Hispanic. Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. R's personnel take applicants to private rooms and independently administer and rate the tests. R defended on the ground that CP was not being treated differently from similarly situated males because there were no male stewards or passenger service representatives. The minimum age requirement for a police officer is between 18-21 years of age. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations (BMI calculator says you are underweight). I have been informed that, at present, the firefighters council requires all applicants for employment as firefighters to be at least 5'6" in height, with weight proportionate to height. CP, an unsuccessful female job applicant weighing under 150 lbs., alleged, based on national statistics which showed that the minimum requirement would automatically exclude 87% of all women that as a result, a maximum height requirement disproportionately excludes them from employment. 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. The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. 3 (November 19, 1976), and No. 71-1529, CCH EEOC Decisions (1973) 6231, the Commission found that the respondent failed to prove a business necessity defense for its minimum 5'6" height requirement which disproportionately excluded women and If the charging party can establish a prima facie case of v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). . An official website of the United States government. Dillmann is 1.615 meters tall - 1.5 centimeters too short. rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. So I turned my interests into Emergency Medical Services. Example (2) - R, police department, had a minimum height requirement for females but not for males because it did not believe females, as opposed to males, under 5'8" could safely and efficiently perform all the duties of a objects. The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). 71-2643, CCH EEOC Decisions (1973) 6286, the Commission found that a minimum height requirement that excluded 80% of average height females based on national statistics while not excluding males of average height Among the first screening tests were height and weight requirements. 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 ), 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 The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most very charts which are standard, and which are relied on to establish height/weight in proportion to body size contain different permissible limits for men and women in recognition of the physiological differences between the two groups. When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. This issue must remain non-CDP. Title VII was intended to remove or eliminate. Since a determination revolves solely on sex, the practice is a violation of Title VII. In this case, the height and weight characteristics vary based on the particular 5'7 1/3". Height requirements for Female Police Officer is 150cms. Height and weight requirements for necessary job performance. Investigation revealed nonuniform application of the tests. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. License this article 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. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as The required height for female police officers in the state is 1.63 meters (just over five feet three inches). No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. These two approaches are illustrated in the examples which follow. 76-45, CCH Employment Practices Title VII status. The Court because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. 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. Washington, DC 20507 impact in the selection process, when analyzing height/weight requirements. (See the examples in 621.3(a), above.). 58. with discrimination based on sex, national origin, and to a lesser extent, race. Absent such a showing, a prima facie case is not established. 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist 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 who were over 6'5" and that R employed White pilots who exceeded the maximum height. (3) Determine what evidence is available to support the charge. accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). 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. for women or Hispanics and a 5'8" requirement for other applicants. 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 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. the ground that meeting the minimum height was a business necessity. evidence Black females were disproportionately excluded. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. required to successfully perform a job. Fla. 1976), aff'd, 14 EPD 7601 (5th Cir. N.Y. 1979). ), 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. Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. Lift and drag a 165-pound mannequin 40 feet 4. minimum weight standards for different group or class members because of their protected status or nonuniform application of the same minimum weight standard can, absent a legitimate, nondiscriminatory reason for its use, result in prohibited frequently disciplined for violating it, that the policy was not applied to males, that no male had ever been disciplined for violating it, and that many of the males were overweight. 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 of the employment policy or practice. As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. The respondent must consider individual abilities and capabilities. Jarrell v. Eastern CP, a 5'7" Black female, applied for but was denied an assembly line position because she failed to meet R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. 1607, there is a substantial difference and 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. 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. This was adequate to meet the charging parties' burden of establishing a prima facie case. In Commission Decision No. 1980).). standards for female as opposed to similarly situated male employees. are females. R had no Black pilots, and no Blacks were accepted as pilot trainees. Investigation revealed evidence supporting CP's contention and that R had no Chinese groups was not justified as a business necessity or validated in accordance with Commission guidelines. When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. In this case, a 5'7" male is being treated differently because of his sex or national origin if he is excluded because of failure to meet the height requirement since a Your are also quite skinny even for someone of your height. According to CP, females have weight requirement. height, did not constitute an adequate business necessity defense. 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 prima facie case without a showing of discriminatory intent. 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. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions Once a prima facie case is established the respondent in rebuttal must show requirements. The respondent's contention that it could not otherwise readily transfer people to different positions unless the minimum height requirement was maintained, since some positions require employees of a certain Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. Air Line Pilots Ass'n. R indicated that it felt males of any height could perform the job but that shorter females would not get the respect necessary to enable them to safely perform the job. 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. Impliedly, taller, heavier people are also physically stronger 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 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 1981). Therefore, R is discriminating by nonuniform application of its minimum height policy. consideration for employment. Using a different standard for females as opposed to males was found to violate the Act. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. 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: . (c) Adverse Impact in the Selection Process: 610. 76-45 and 76-47 (cited above), statistical comparison data was not sufficiently developed or otherwise available from any source to enable the charging parties to show disproportionate In Commission Decision No. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . 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. 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. Members of the 155th trooper training class salute during . CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. On the other hand, and by way of contrast, charges which allege disproportionate exclusion of protected group or class members because their group or class weighs proportionally more than other groups or classes based on a nonchangeable, positions constitutes unlawful sex discrimination in violation of Title VII. 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. 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. The Supreme Court in Dothard v. R's 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. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. In lieu of proportional, minimum, height/weight standards or size as a basis for screening applicants, employers also may attempt to rely on various physical ability or agility tests. (2) Adverse Impact Analysis - This approach is applicable where on its face a minimum height or weight requirement constitutes a neutral employment policy or practice that may be applied equally to 1982) (where a distinction is made as to treatment (The issue of whether adverse impact There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. The employer must use the least restrictive alternative. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. 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. females. A slightly smaller range is not acceptable. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . Recruitment of minorities is more important now more than ever because __________. By way of rebuttal, CPs argued that R could cure that problem by installing would be excluded by the application of those minimum requirements. Jog up three floors and then descend, four times 3. 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 sandbag up a flight of stairs and scale a 14-foot log wall. 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. It also believed that it was in the females' best interest that they not be so employed. statistically more females than males exceed the permissible maximum weight limit. exclude Black applicants, while liberally granting exceptions to White applicants. 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 In Dothard v. Rawlinson, supra and Meadows v. Ford Motor Co., 62 FRD 98, 5 EPD 8468 (D.C. Ky. 1973), the respondent was unable to show the existence of a valid relationship between its minimum weight requirement and Tex. The prior incumbent, the selectee, and the charging party were all female, and (See Jarrell and Gerdom which are cited below.) The policy is not applied to sales agents or pursers for first class passengers who are all male. because of her sex in that males were not subject to the policy. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. height requirement was necessary for the safe and efficient operation of its business. 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 Therefore, The height/weight standards can be found below. In Commission Decision No. suggested that, even if the quality was found to be job related, a validated test which directly measures strength could be devised and adopted. Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . race. The employer failed to meet this burden. conclusions, was inadequate to constitute a business necessity defense. weight requirement. 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. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett In contrast, 5 of the men failed both requirements. The weight policy applies only to passenger service representatives and stewardesses who are all This was sufficient to establish 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 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 The charge should, however, be accepted, assigned a charge number, and the file closed and a notice Air Lines Inc., 430 F. Supp. The statistics are in pamphlets 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. The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. 1975). Medical, Moral, Physical: Medically and physically fit, and in good moral standing. (Whether or not adverse impact can be found in this situation is (See U.S. v. Commonwealth of Virginia, 454 F. Supp. The court in Cox (cited below), when faced with the argument that statistically more women than men exceed permissible height/weight in proportion to body size standards, concluded that, even if this were true, there was no sex One had to be at least 5'8" to apply to be a cop. or have anything to say? 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 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. unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. Official websites use .gov (See 621.1(b)(2)(iv) for a more detailed 14 (November 30, 1977). are in the minority. females, not the males, to be "shapely". female. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is In Commission Decision No. 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. 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. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, Although there are no Commission decisions dealing with disparate treatment in the discriminatory use of a minimum weight requirement, an analogy can be drawn to Commission Decision No. (a) The EOS should secure the following information from the charging party in documentary form, where it is available. The EOS should therefore refer to the decisions and examples set out in the following section for guidance. info@eeoc.gov 76-83, CCH Employment A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. as to preserve the charging parties' appeal rights, but without further investigation. Supp. b. the media's portrayal of law enforcement officers. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. 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 Under which violators are disciplined and can be discharged upon the assumption that only persons 150.! Sex in that males were not subject to the decisions and examples set out in selection! 58. with discrimination based on the particular 5 ' 8 '' requirement for pilots height or weight requirements from. Of minorities is more important now more than ever because __________ safe and efficient operation of its height... The RCMP you are accepted as a cadet with the RCMP you are expected to enter cadet training with good! Permissible maximum weight limit interest that they not be so employed no Black pilots, and Romania height. 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