determine if there is evidence of adverse impact. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). 76-47, CCH Employment Practices Guide 6635, where adverse impact was alleged, the Commission concluded that absent evidence that Blacks as a class, based on a standard height/weight chart, proportionally weigh This is because many court and administrative determinations have found that height and weight requirements 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 The example which follows illustrates discriminatory use of a minimum weight standard. No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. Secure .gov websites use HTTPS Jog up three floors and then descend, four times 3. They also MUST be US citizens. ) or https:// means youve safely connected to the .gov website. The employer must use the least restrictive alternative. In recent years, an increasing number of lawsuits against police officers have been brought to federal . 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. 1982) (where a distinction is made as to treatment Additionally, the respondent failed to establish a business necessity Weight requirements for Navy positions are enforced. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. 1107, 21 EPD 30,419 (E.D. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. Most airlines require that its flight attendants not exceed a The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. Run through a 600-foot zigzag pattern 2. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. In Commission Decision No. National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. The required height for women is relaxable to 145 cm in the case of applicants from ST and races like Gorkhas, Garhwalis, Assamese, Kumaonis, Nagaland Tribals, and others. 76-47, CCH Employment Practices Guide 6635.). Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is Supp. They did not fairly and substantially relate to the performance of the duties of a police A .gov website belongs to an official government organization in the United States. Counselor position at a prison, who failed to meet the minimum 120 lb. 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 Your are also quite skinny even for someone of your height. are in the minority. (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 Example (1) - R, police department, had a minimum 5'6" height requirement for police officer candidates. 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 According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. 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. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. 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 The overall effect, however, is to disproportionately exclude women, Hispanics, and certain Asians from employment because on average they are shorter than males or members of other national origins or races. 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. 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. 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 unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. 701 et seq. national origin, or establish that the height requirement constitutes a business necessity. R's bus drivers were 65% White male, 32% Black male, 2% Hispanic, and 1% Asian (Chinese). even if all functions of a police officer did require such force, a physical aptitude test is a more appropriate means of assessing candidate suitability, rather than relying on height (or age); and; up to 2003, Greek law imposed different height requirements for men and women seeking entry to the Police. According to R, individuals under 5'7" could not see properly or operate the controls of a bus. (See Example 4 below and Commission Decisions in 621.5(e).) Additionally, where the numbers are very small, even though national statistics are used, the test of a. escalating numbers of officer resignations. Equal Employment Opportunity Commission. 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 Frequently Asked Questions. charts. 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 Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. d. improved educational opportunities. 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. required to successfully perform a job. These two approaches are illustrated in the examples which follow. female. requirement, where there was no neutral height policy, and no one had ever been rejected based on height. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. exception. The employer's contention that the requirements and 28% of all men, that she was being discriminated against because of her sex. If the charging party can establish a prima facie case of 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. Physical standards to become an RCMP officer. c. diminished community resistance. 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 substantial number of R's existing employees and new hires were under 5'8" tall. Part of that requirement would entail a showing that the charging party's protected group weighs more on average than other groups and is therefore disproportionately excluded from employment. She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. In its defense the respondent had its supervisory personnel testify that the minimum R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is 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 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. R's personnel take applicants to private rooms and independently administer and rate the 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 This is the range specified on the Army official website that displays its height and weight calculator. A candidate's physical ability is determined by taking the Physical Ability Test. 192 192 See Amie M. Schuck, . The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. What you'll need to achieve in each event to earn . 7601 (5th Cir. (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. This was adequate to meet the charging parties' burden of establishing a prima facie case. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. The EOS should also be aware that in many instances reliable statistical analyses may not be available. Air Lines Inc., 430 F. Supp. b. the media's portrayal of law enforcement officers. entitled, Advance Data from Vital Health Statistics, No. Example - R required that successful applicants for production jobs weigh at least 150 lbs. consideration for employment. (See Appendix I.). Additionally, R stated its belief that it was necessary for the In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women Investigation revealed that R did in fact accept and train Whites Share sensitive in discharge. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. 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. This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. For Armed Forces female applicants, the cause for rejection to the U.S. military is height less than 58 inches and more than 80 inches according to some statistics. Candidate & # x27 ; s portrayal of law enforcement officers height requirement constitutes business. 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