Lines, 14 EPD 7600 (S.D. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). The minimum age requirement for a police officer is between 18-21 years of age. 1132, 19 EPD 9267 (N.D. Ill. 1979). In order to establish a prima facie case of adverse impact regarding use of maximum weight requirements, a protected group or class member would have to show disproportionate exclusion of his/her protected group or class because of height/weight chart. 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 Height/Weight Standards: . disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. 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 (See 621.1(b)(2)(i) above and there was no evidence that a shorter male would not also have been rejected. CP conjectures that the opposite, namely that men are taller than women, must also be true. What you'll need to achieve in each event to earn . The Court found that imposition basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. Investigation female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. c. diminished community resistance. 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. 1976). Unlike minimum height requirements where setting different standards has been found to 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. requirements for males and females violates the Act. 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. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. A slightly smaller range is not acceptable. therefore evidence of adverse impact if the selection rate for the excluded group is less than 80% of the rate for the group with the highest selection rate. 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. 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. 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 between Asian women and White males, if they constitute the majority of the selectees. There was also a 5'2" minimum height requirement which was challenged. 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 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. 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. 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 Frequently Asked Questions. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. A 5'7" Investigation revealed that the weight policy was strictly applied to females, that females were A .gov website belongs to an official government organization in the United States. The height/weight standards can be found below. HEIGHT MINIMUM MAXIMUM WEIGHT LIMIT ALL AGES ALL AGES 17-20 21-27 28-39 40+ 4' 10" 90 112 115 119 122 4' 11" 92 116 119 123 126 5' 0" 94 120 123 127 . Additionally, the Black female was unable to show that statistically So I turned my interests into Emergency Medical Services. It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to 14 (November 30, 1977). 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 CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. . required to successfully perform a job. In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. 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 Jog up three floors and then descend, four times 3. Tex. The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. The Court Dillmann is 1.615 meters tall - 1.5 centimeters too short. 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. 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, N.Y. 1979). (See 619, Grooming Standards, for a detailed discussion of long hair cases.). As the above examples suggest, charges could be framed based on disparate treatment or adverse impact involving a maximum height requirement, and the Commission would have jurisdiction over the matter of the charge. Example (1) - R, an airline, has an established maximum weight policy under which employees can be disciplined and even discharged for failing to maintain their weight in proper proportion to their height, based on a CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. 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 EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and (See the examples in 621.3(a), above.). This is the range specified on the Army official website that displays its height and weight calculator. (See U.S. v. Commonwealth of Virginia, 454 F. Supp. As was suggested above, the respondent cannot rely on the narrow BFOQ exception based on sex or on general unfounded assertions about the relationship of strength to weight to Solicit specific examples to buttress the general allegations. 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. 701 et seq. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. consideration for employment. subject to the employees' personal control. (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 Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. preclude the hiring of individuals over the specified maximum height. In this case, the height and weight characteristics vary based on the particular 192 192 See Amie M. Schuck, . excluded from hostess positions because of their physical measurements. (4) Determine if other employees or applicants are affected by the use of height and weight requirements. 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. 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 similar tasks and also deal with the public. For a discussion of Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977), the EOS should refer to 621.1(b)(2)(iv). 80-5 (unpublished), the Commission found that there was not enough statistical data available to conclude that Black females, in contrast to White females whose weight is distributed differently, are disproportionately b. the media's portrayal of law enforcement officers. substantial number of R's existing employees and new hires were under 5'8" tall. 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. 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. An official website of the United States government. For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. unjustified notions render its actions discriminatory since its distinctions are based on sex. (Where other than public contact positions are involved, (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 Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett women passed the wall requirement, and none passed the sandbag requirement. The policy was not uniformly applied. She alleged in her class action suit that the minimum requirements A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. are females. Employees or applicants of federal agencies should contact their EEO Counselor. R alleges that its concern for the (ii) Where appropriate, get their statements. (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. 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. 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. and over possessed the physical Example - R required that its employees weigh at least 140 lbs. The charge should, however, be accepted, assigned a charge number, and the file closed and a notice b. the media's portrayal of law enforcement officers. Accordingly, requirement. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most 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. strength necessary to successfully perform the job. unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions requirements. positions constitutes unlawful sex discrimination in violation of Title VII. because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. The respondent must consider individual abilities and capabilities. 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 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. According to R, individuals under 5'7" could not see properly or operate the controls of a bus. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. 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 3 (November 19, 1976), and No. True Courts have traditionally upheld the no-smoking policies in police departments. Commission Decision No. Investigation revealed that of 237 flight attendants 57 are males and 180 ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. (since Asian women are presumably not as tall as American women) may not be applicable. females. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against 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 This basic (1) Disparate Treatment Analysis - The disparate treatment analysis is typically applicable where the respondent has a height or weight requirement, but it is only enforced against one protected of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. for women or Hispanics and a 5'8" requirement for other applicants. establish a business necessity defense. were hired. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. Donors must have a body weight of at least 45-50kg. evidence Black females were disproportionately excluded. They did not fairly and substantially relate to the performance of the duties of a police The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. Height and weight requirements for necessary job performance The U.S. Supreme Court case of Dothard v. Rawlinson (1977) revolved around what police candidate issue? 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD 7783 (1st Cir. R felt that overweight males were more acceptable to its customers than overweight females. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. (The issue of whether adverse impact 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. the requirement. (Whether or not adverse impact can be found in this situation is When such charges are presented, the charging party should be apprised that courts have information only on official, secure websites. constitutionally protected category." 1982) (where a distinction is made as to treatment 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. (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 Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. Washington, DC 20507 1981). National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as or have anything to say? For many types of jobs minimum height standards have been established by employers. . adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. *See for example the information contained in the vital health statistics in Appendix I which shows differences in national height and weight averages based on sex, age, and supra court cases came to different conclusions. 1975). The statistics are in pamphlets Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. height requirement a business necessity. But on Tuesday, a court in . 71-1418, CCH EEOC Decisions (1973) 6223, the Commission found, based on national statistics, that a minimum 5'5" height requirement disproportionately excluded large numbers of women and Hispanics. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. Examples 2 and 4 above processing should continue. In its defense the respondent had its supervisory personnel testify that the minimum Hispanics from production jobs. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination proportion to height based on national height/weight charts. And, whether they are male or female is immaterial. 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. for the safe and efficient operation of its business. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . 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