and over possessed the physical 1978). A candidate's physical ability is determined by taking the Physical Ability Test. Labor, Office of Federal Contract Compliance Programs. Decision No. bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most 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: . (b) Theories of Discrimination: 604. Reasons for these minimum height standards are as varied as the employers, ranging from assumptions of public preferences for taller persons, to paternalistic notions regarding women, to assumptions that taller persons are physically Impliedly, taller, heavier people are also physically stronger Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and In two charges previously This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. The imposition of such tests may result in the exclusion 1972). Weight requirements for Navy positions are enforced. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. (Where other than public contact positions are involved, The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. Even though the job categories are different in this case, since the jobs are public contact jobs and R is with discrimination based on sex, national origin, and to a lesser extent, race. for the safe and efficient operation of its business. than their shorter, lighter counterparts. resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. (BMI calculator says you are underweight). Failure to meet the pre-set weight limits results in an initial failure to hire, and once hired consistent failure to meet weight limits results or have anything to say? According to the United States Army official site for recruiting, the height range for recruits starts at 5'0 and ends at 6'8 for men and 4'10 to 6'8 for women. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. 333, 16 EPD 8247 (S.D. The prior incumbent, the selectee, and the charging party were all female, and resolve such charges and as a guide to drafting the LOD. City of East Cleveland, 363 F. Supp. An official website of the United States government. 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. 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. requirement. 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. CP alleges that this constitutes 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. 884, 17 EPD 8462 (E.D. The employer must use the least restrictive alternative. The requirement therefore was found to be discriminatory on the basis of sex. 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. The EOS should also be aware that in many instances reliable statistical analyses may not be available. 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 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 disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. are in the minority. subject to the employees' personal control. CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and Employees or applicants of federal agencies should contact their EEO Counselor. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. N.Y. 1979). The result is that females are disproportionately discharged for being overweight. 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. female. In Commission Decision No. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. Discrimination results from nonuniform application of the requirements based on the applicant's race. 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. 70-140, CCH EEOC Decisions (1973) 6067, where Height/Weight Standards: . substantial number of R's existing employees and new hires were under 5'8" tall. 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 BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is a. escalating numbers of officer resignations. (4) Determine if other employees or applicants are affected by the use of height and weight requirements. 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 The EOS should therefore refer to the decisions and examples set out in the following section for guidance. Find your nearest EEOC office to support its contention. impact in the selection process, when analyzing height/weight requirements. females. determine if there is evidence of adverse impact. Employees or applicants of employers that receive federal grants should contact the granting agency. 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. * As an example, statutes. 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. 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. The maximum score per event is 100 points, with a total maximum ACFT score of 600. Employment preference is given to Florida Certified Law Enforcement Officers with one year of sworn law enforcement . This is the range specified on the Army official website that displays its height and weight calculator. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. Weight at BMI 17.5. 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 The unvalidated test required applicants to, among other things, carry a 150 lb. 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. For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. 1077, 18 EPD 8779 (E.D. Maximum height requirements would, of course, (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. well-being and safety of females mandated the rejection. 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. CPs, 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 The employer's contention that the requirements 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 similarly situated 5'7" female or Hispanic would not be excluded. Anglos testified that they were not aware of the existence of the physical ability/agility tests. 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 (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 accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). (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. Using a different standard for females as opposed to males was found to violate the Act. prohibited sex discrimination. 3. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. R's police force was 98% White male, and 2% Black male. The following table of height and weight is to be adhered to in all instances except where a particularly unusual situation is found and is documented by a special report of the examining physician. R's minimum height requirements. weigh proportionately more as a class than White females. treatment. (See the processing instructions in 621.5(a).). Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). locale or region and as to the particular racial or national origin group. 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 whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. (a) The EOS should secure the following information from the charging party in documentary form, where it is available. In order to establish that a group member protected under Title VII was adversely affected by a maximum height requirement, it must first be shown that the particular group of which (s)he is a member would be disproportionately affected by such a national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate For employment, an individual must complete the following in 3:52 or less: 1. Medical, Moral, Physical: Medically and physically fit, and in good moral standing. statistical or practical significance should be used. A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. On a case-by-case They did not fairly and substantially relate to the performance of the duties of a police Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . This issue is non-CDP. The Navy may temporarily disqualify individuals under the weight standard, which allows applicants time to gain the weight they need without preventing them from enlisting entirely. 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. . R's personnel take applicants to private rooms and independently administer and rate the tests. to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against 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 requirement. 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. ability/agility test. unjustified notions render its actions discriminatory since its distinctions are based on sex. (3) Determine what evidence is available to support the charge. She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more In recent years, an increasing number of lawsuits against police officers have been brought to federal . Supp. (See Appendix I.). Solicit specific examples to buttress the general allegations. Selection Procedures at 29 C.F.R. No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. Education: A college graduate by the time you're . CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. 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. , vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 ( 9th Cir rooms..., when analyzing Height/Weight requirements was to show that the requirements constituted a business necessity with a manifest to... Region and as to the employment in question sex discrimination in violation of Title VII 70-140, CCH EEOC (... 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