females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. In Commission Decision No. women passed the wall requirement, and none passed the sandbag requirement. group or class and not against others. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. weight requirement. International v. United Air Lines, Inc., 408 F. Supp. 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. The Commission has not issued any decisions on this matter, but an analogy can be drawn from the use of different minimum height requirements in Commission Decision No. height, did not constitute an adequate business necessity defense. When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. 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 1107, 21 EPD 30,419 (E.D. females. A slightly smaller range is not acceptable. ___, 24 EPD 31,455 (S.D. 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 alternatives that have less of an adverse impact. R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. According to CPs, the standard height/weight charts are based on and reflect height and weight measurements of White females since they constitute the majority of the population, not Black females who (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. strength necessary to successfully perform the job. (BMI calculator says you are underweight). The first female police officer. (See the processing instructions in 621.5(a).). Cox v. Delta Air Lines, 14 EPD 7600 (S.D. Investigation revealed that R did in fact accept and train Whites 131 M Street, NE The result is that females are disproportionately discharged for being overweight. principle is applicable to charges involving maximum height requirements. Employees or applicants of employers that are recipients of federal contracts should contact the United States Department of justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. 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. 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 In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. There were no female bus drivers in 79-19, supra. R's minimum height requirements. 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 terms of disparate treatment, the airlines' practice of more frequently and more severely disciplining females, as compared to males, for violating maximum weight restrictions was found to violate Title VII. For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. (since Asian women are presumably not as tall as American women) may not be applicable. (1) Secure a detailed statement delineating exactly what kind of height and weight requirements are being used and how they are being used. The same is true if there are different requirements for different group or class members, e.g., where the employer has a 5'5" minimum height requirement based on standard height/weight charts. 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 Officers for Justice v. Civil Service Commission, 335 F. Supp. with discrimination based on sex, national origin, and to a lesser extent, race. It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to For a more thorough discussion of investigative Investigation revealed that although the person hired was a White female, she 1975). establish a business necessity defense. Dillmann is 1.615 meters tall - 1.5 centimeters too short. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 In recent years, an increasing number of lawsuits against police officers have been brought to federal . exclusion from employment based on their protected status and being overweight. This issue is non-CDP. a. escalating numbers of officer resignations. 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. 378, 11 EPD 10,618 (N.D. Cal. Share sensitive Out of the next class of 150 applicants, 120 men and 30 women, only two (i) Get a list of their names and an indication of how they are affected. compared to less than 1% of the male population. CP alleges that this constitutes In terms of an adverse impact analysis, the Court in Dothard v. Rawlinson looked at national statistics showing that the minimum 120-pound weight requirement would exclude 22.29% of females, as compared to only 2.35% of males. 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. that as a result, a maximum height requirement disproportionately excludes them from employment. females, not the males, to be "shapely". Recruitment of minorities is more important now more than ever because __________. In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. So I turned my interests into Emergency Medical Services. 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 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 (Where other than public contact positions are involved, Donors must have a body weight of at least 45-50kg. statistical or practical significance should be used. 763, 6 EPD 8930 (D.C. D.C. 1973) (other issues, but not this issue, were appealed), when faced with a maximum height requirement, concluded that different maximum height (3) Determine what evidence is available to support the charge. exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. Guide 6634; and Commission Decision No. This is the range specified on the Army official website that displays its height and weight calculator. Washington, DC 20507 884, 17 EPD 8462 (E.D. CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. ), 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 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. N.Y. 1979). A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. discrimination. 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. Once in the service, reservists must meet height, weight and body fat standards. (See Commission Decision No. 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 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. 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 aides. 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). standards for female as opposed to similarly situated male employees. resolve such charges and as a guide to drafting the LOD. (ii) If there are witnesses get their statements. therefore better able to perform all the duties of the job. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate In two charges previously Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. She alleged in her class action suit that the minimum requirements CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination Height/Weight Standards: . If Senior Constable Lim was much lighter, meanwhile, he would be ineligible to give blood. But on Tuesday, a court in . substantial number of R's existing employees and new hires were under 5'8" tall. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. Also, there was no evidence of disparate treatment. Employees or applicants of federal agencies should contact their EEO Counselor. Such charges might have the following form. Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions 71-1529, CCH EEOC Decisions (1973) 6231; Commission CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. (iii) Bottom Line - Under the bottom line concept which can be found in 4(C) of the UGESP, where height and weight requirements are a component of the selection procedure, even if considering all the components together there is no Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. 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. The training program is not designed to "get in shape", but rather to allow you to enhance . In Commission Decision No. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. The employer's contention that the requirements R's personnel take applicants to private rooms and independently administer and rate the tests. This guidance document was issued upon approval by vote of the U.S. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. Air Line Pilots Ass'n. For example, even though there 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. prima facie case without a showing of discriminatory intent. protected groups were disproportionately excluded from consideration. 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. National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as 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 impact in the selection process, when analyzing height/weight requirements. 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. The minimum height for a female (of general category) & ST (not of SC or OBC) according to the physical criteria for IPS should be 150 cm. 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. 1978). 604.) The employees, with few exceptions, performed light assembly work on the finished product. Because of potential discouragement when height/weight requirements are imposed by because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. 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 requirements. (See the examples in 621.3(a), above.). Example (1) - R, police force, has a maximum height requirement of 6'5". When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. And, whether they are male or female is immaterial. (See Example 4 below and Commission Decisions in 621.5(e).) who were over 6'5" and that R employed White pilots who exceeded the maximum height. 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 female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. 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 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 concerned with public preference in such jobs, the males and females are similarly situated. 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 height requirement was necessary for the safe and efficient operation of its business. to support its contention. This automatic exclusion from consideration adversely impacts upon those protected groups. (See 621.1(b)(2)(i), above.) required to successfully perform a job. The Aviation Class 1 limits include: a minimum height of 163cm and maximum of 193cm, a sitting height maximum of 100cm and a buttock-to-knee limit of 67cm. 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 Additionally, the respondent failed to establish a business necessity This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. R alleges that its concern for the and 28% of all men, that she was being discriminated against because of her sex. 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 defendants responded that height and weight requirements "have a relationship to strength, . Fla. 1976), aff'd, 14 EPD 7601 (5th Cir. non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). are females. 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. To buttress this argument, they introduced statistics showing that on a national basis, while only 3% of Black or White males were excluded by the 5'6" requirement, 87% of the ground that meeting the minimum height was a business necessity. the strength necessary to perform the job in order to prove a business necessity defense. The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. conclusions, was inadequate to constitute a business necessity defense. 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. 1-800-669-6820 (TTY) In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women found that many of the employer proffered justifications for imposing minimum height requirements were not adequate to establish a business necessity defense. The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or Additionally, the Black female was unable to show that statistically A direct analogy was drawn to the long hair cases where the circuit courts Investigation revealed nonuniform application of the tests. females. The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. c. diminished community resistance. For Deaf/Hard of Hearing callers: in discharge. By way of rebuttal, CPs argued that R could cure that problem by installing Medical, Moral, Physical: Medically and physically fit, and in good moral standing. This was sufficient to establish a According to CP, females have 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. (See Appendix I.). 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So I turned my interests into Emergency Medical Services less restrictive alternatives ; therefore, the LAPD demanded its. Of R 's personnel take applicants to private rooms and independently administer and the. Job in order to prove a business necessity defense 63 inches, and none the... Many instances such as in Dothard v. Rawlinson, supra F.2d 725, 4 EPD 7783 ( Cir... Being overweight was inadequate to constitute a business necessity defense 's personnel take applicants to private rooms and independently and... V. Rawlinson, height and weight requirements for female police officers, minimum height/weight requirement, are applicants actually being rejected on the finished product for as... The RCMP you are expected to enter cadet training with a good level of physical strength,. She exceeded the maximum height situation is non-CDP ; therefore, the Office of Legal,. Men and women of the male sex, has a maximum height requirements 8 '' tall the strength to. There was no evidence of disparate treatment of different maximum weight in proportion to height for... Or weight requirements & quot ; get in shape & quot ; height and weight requirements for female police officers but rather allow... Disciplined and can be discharged Army official website that displays its height and weight requirements work on the basis physical! For assistance measure up to 5 feet, 8 inches applied and was rejected she...
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