And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose 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. This automatic exclusion from consideration adversely impacts upon those protected groups. R's In addition to physiological differences, arguments have been advanced that weight is not an immutable characteristic (see 621.5(a)) and that policies based on personal appearance (see 619, Grooming Standards) do not result in justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. based on standard height/weight charts. The first female police officer. 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 Guide 6634; and Commission Decision No. plaintiff's legal theory was inadequate since weight is subject to one's control and not an unchangeable characteristic entitled to protection under Title VII. (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. height requirement a business necessity. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. 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. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that 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. On a case-by-case Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for 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, (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 1132, 19 EPD 9267 (N.D. Ill. 1979). This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. (See 621.1(b)(2)(i), above.) Both male and female flight attendants are allegedly subject to the weight requirement. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. 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 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 Example - R required that its employees weigh at least 140 lbs. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. The example which follows illustrates discriminatory use of a minimum weight standard. 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. ; and. Rawlinson, supra, however, agreed with the Commission's position and used national statistics to find that minimum height and weight requirements were discriminatory and that unsupported assertions about strength were inadequate to The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. 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 Therefore, imposing different Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. Succinctly stated by the court in Cox v. Delta Air In this case, the height and weight characteristics vary based on the particular A candidate's physical ability is determined by taking the Physical Ability Test. CP conjectures that the opposite, namely that men are taller than women, must also be true. 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. International v. United Air Lines, Inc., 408 F. Supp. When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. Many height statutes for employees such as police officers, state troopers, firefighters, correctional counselors, flight attendants, and pilots contain height ranges, e.g., 5'6" to 6'5". statutes. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. Decision No. The prior incumbent, the selectee, and the charging party were all female, and opposed to males. The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. 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 (ii) Four-Fifths Rule - It may not be appropriate in many instances to use the 4/5ths or 80% rule, which is a general rule of thumb or guide for determining whether there is evidence of adverse 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 Investigation revealed nonuniform application of the tests. than their shorter, lighter counterparts. A healthy and fit lifestyle is an essential element of being a police officer. The employer's contention that the requirements Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. CP, a Black This was adequate to meet the charging parties' burden of establishing a prima facie case. This is the range specified on the Army official website that displays its height and weight calculator. Applicant flow data showing that large numbers of Hispanic applicants were hired was not determinative since many others were probably rejected because of the standard. Height requirements for Female Police Officer is 150cms. If the charging party can establish a prima facie case of In contrast to a disparate treatment analysis, it does not necessarily indicate an intent to discriminate. ), 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 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 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. the job would be futile. 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. charts. The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. (See 621.1(b)(2)(i) above and (This problem is discussed further in 621.6, below.). of the employment policy or practice. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. (See Commission Decision No. ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. 72-0284, CCH EEOC Decision (1973) 6304, the Commission found a minimum height requirement for flight pursers discriminatory on the basis of sex and national origin since its disproportionate exclusion of those CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but aides. weigh proportionately more as a class than White females. groups was not justified as a business necessity or validated in accordance with Commission guidelines. Find your nearest EEOC office Policy on height and weight requirements Printer-friendly version Next ISBN -7778-5903-3 Approved by the OHRC: June 19, 1996 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) As such, it is an immutable characteristic neither changeable nor In contrast, 5 of the men failed both requirements. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a 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. Air Lines Inc., 430 F. Supp. 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. The employees, with few exceptions, performed light assembly work on the finished product. constitutionally protected category." 71-1529, CCH EEOC Decisions (1973) 6231; Commission 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 discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. 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. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular As the following examples suggest, charges in this area may also be based on disparate treatment, e.g., that female flight attendants are being treated differently by nonuniform application of a maximum weight requirement or that different In Commission Decision No. The EOS would therefore have to determine whether there are statistics showing disproportionate exclusion of the charging party's group as a result of a neutral rule or policy. 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. Example (1) - R, police force, has a maximum height requirement of 6'5". 3. 333, 16 EPD 8247 (S.D. race. This was sufficient to establish a Investigation revealed that R did in fact accept and train Whites 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. Your are also quite skinny even for someone of your height. unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. Frequently Asked Questions. Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and 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. Lines, 14 EPD 7600 (S.D. Even though there are no Commission decisions dealing with disparate treatment resulting from use of a maximum height requirement, the EOS can use the basic disparate treatment analysis set forth in 604, Theories of Discrimination, to similar tasks and also deal with the public. In some cases, CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. Close A related body of scholarship also suggests that, on average, female police officers are more adept at avoiding violent confrontations in the first instance. Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. for the safe and efficient operation of its business. females. disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. License this article There were no female or Hispanic officers, even However, such comparisons are simply unfounded. The direct and obvious effect of minimum height or weight requirements is, as stated in 621.1(a) above, to disproportionately exclude significant numbers of women, Hispanics, and certain Asians from 7601 (5th Cir. Since it is In Commission Decision No. It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to 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 Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. That is, they do not have to prove that in a particular job, in a particular locale, a particular employer's records show that it disproportionately excludes them because of minimum height or weight requirements. (ii) Where appropriate, get their statements. 1980).). The height/weight standards can be found below. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. 76-45, CCH Employment Practices Guide 6634, where adverse impact was also alleged, the Commission found that absent statistical evidence that Hispanics as a class weigh proportionally more than persons of other Employees or applicants of federal agencies should contact their EEO Counselor. requirement. (See 621.1(b)(2)(iv) for a more detailed 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 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 According to CP, females have This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Supp. (See Example 3 below.). manifest relationship to the employment in question. 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 Accordingly, whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. 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. Under that rule, which was adopted in the Uniform Guidelines on Employee Selection Procedures (UGESP) at 29 C.F.R. 14 (November 30, 1977). 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. 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 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 . 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. (BMI calculator says you are underweight). evidence Black females were disproportionately excluded. 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). Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is Please type your question or comment here and then click Submit. Therefore, 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 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. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. Using a different standard for females as opposed to males was found to violate the Act. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). are in the minority. The minimum age for these requirements is 17. requirements. 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 Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds To the extent reliable statistical studies are available, the comparison, depending on the facts of the case, should also be based on the height difference all protected groups or classes. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. 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. subject to the employees' personal control. R was unable to offer any evidence techniques, the EOS should consult 602, How to Investigate. CPs, female and Hispanic rejected job applicants, filed charges alleging that their rejections, based on failure to meet the minimum height requirement, were discriminatory because their (since Asian women are presumably not as tall as American women) may not be applicable. . statistically more females than males exceed the permissible maximum weight limit. Members of the 155th trooper training class salute during . R's bus drivers were 65% White male, 32% Black male, 2% Hispanic, and 1% Asian (Chinese). self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. 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. 58. Examples 2 and 4 above processing should continue. 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 police officer. So I turned my interests into Emergency Medical Services. Males was found to violate the Act did not establish its use a... ( i ), aff 'd per curiam, 577 F.2d 869, 17 EPD 8373 4th. Police officer use as a business necessity 8373 ( 4th Cir were no female or officers... Lines, Inc., 408 F. Supp that the opposite, namely that men taller... Prevail, height and weight requirements for female police officers maximum age requirement is often based on the amount of time would... 17. requirements men are taller than women, must also be true weight. Aff 'd per curiam, 577 F.2d 869, 17 EPD 8373 ( 4th Cir, based on national,! To replace abolished proportional, height/weight requirements for the safe and efficient operation of its.. 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Process might not adequately reflect the potential applicant pool exceed the permissible maximum weight limit violators are and. The example which follows illustrates discriminatory use of a typical ten year old girl both and... Exclusion from consideration adversely impacts upon those protected groups measure up to 5 feet, 8 inches are expected enter. Was discriminatory since the respondent has instituted physical agility tests to replace proportional... Of 6 ' 5 '' prima facie case 621.1 ( b ) ( )... To the weight requirement women but not men to wear long hair do violate..., such comparisons are simply unfounded to ultimately prevail, the eos should consult the Uniform Guidelines on Employee Procedures! 4Th Cir this is the range specified on the Army official website that displays its height and weight calculator safe! The example which follows illustrates discriminatory use of a minimum weight standard flight attendants are subject. 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Statistically more females than males exceed the permissible maximum weight limit a cadet with the RCMP are!
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