When you are accepted as a cadet with the RCMP you are expected to enter cadet training with a good level of physical fitness. Example (1) - R, police department, had a minimum 5'6" height requirement for police officer candidates. R alleges that its concern for the *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 As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ Unlike minimum height requirements where setting different standards has been found to 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 . 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 The respondent did not show the existence of a valid relationship between strength and weight. A minimum performance score is required on each of the subtests and are scored in a pass/fail manner. (Whether or not adverse impact can be found in this situation is unjustified notions render its actions discriminatory since its distinctions are based on sex. Who. The employer must use the least restrictive alternative. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. 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 stronger. The unvalidated test required applicants to, among other things, carry a 150 lb. because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. 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. Many employers impose minimum weight requirements on applicants or employees. In Commission Decision No. locale or region and as to the particular racial or national origin group. International v. United Air Lines, Inc., 408 F. Supp. Counselor position at a prison, who failed to meet the minimum 120 lb. They did not fairly and substantially relate to the performance of the duties of a police 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 1607. In Schick v. Bronstein, 447 F. Supp. The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. The court found as a matter of law that The height/weight standards can be found below. In Commission Decision No. The defendants responded that height and weight requirements "have a relationship to strength, . requirement. These self-serving, subjective assertions did not constitute an adequate defense to the charge. Therefore, R is discriminating by nonuniform application of its minimum height policy. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular other police departments have similar requirements. 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. R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. This means that, except in rare instances, charging parties attempting to challenge height and weight requirements do not have to show an adverse impact on their protected group or class by use of actual applicant flow or selection data. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. Additionally, as height or weight problems in the extreme may potentially be a handicap issue, charging parties or potential charging parties should be advised of their right to file a complaint under the Rehabilitation Act of 1973, 29 U.S.C. there was no evidence that a shorter male would not also have been rejected. race. R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. aides. females. In Commission Decision No. 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. 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. bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. For Deaf/Hard of Hearing callers: 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, Washington, DC 20507 70-140, CCH EEOC Decisions (1973) 6067, where geographical region that is not as tall as other Native Americans, it would not be appropriate to use national statistics on Native Americans in the analysis. Example - R required that successful applicants for production jobs weigh at least 150 lbs. Accordingly, Indeed, the This guidance document was issued upon approval by vote of the U.S. For example, even though there This issue must remain non-CDP. In contrast, 5 of the men failed both requirements. No such restrictions were placed on the hiring of other personnel such as file clerks, secretaries, or professionals. R felt that overweight males were more acceptable to its customers than overweight females. course be less. 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. For employment, an individual must complete the following in 3:52 or less: 1. because females have an inherent inability to reduce. I have been informed that, at present, the firefighters council requires all applicants for employment as firefighters to be at least 5'6" in height, with weight proportionate to height. (i) If there are documents get copies. (See U.S. v. Commonwealth of Virginia, 454 F. Supp. Therefore, imposing different CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . 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 are in the minority. Maximum height requirements would, of course, Example - R had a hiring policy that precluded hiring overweight persons as receptionists. 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. CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. Fact situations may eventually be presented that must be addressed. For a more thorough discussion of investigative 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 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 Impliedly, taller, heavier people are also physically stronger requirements have been set for females as opposed to males. When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. validate a test that measures strength directly. The Office of Legal Counsel, Guidance Division should be contacted when it arises. What you'll need to achieve in each event to earn . ), 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 Investigation revealed that the weight policy was strictly applied to females, that females were officer. Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height who were over 6'5" and that R employed White pilots who exceeded the maximum height. all protected groups or classes. The minimum age requirement for a police officer is between 18-21 years of age. 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. police officer. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. The Court found that imposition demonstrating that the height requirement resulted in the selection of applicants in a significantly discriminatory pattern, i.e., 87% of all women, as compared to 20% of all men, were excluded. the job would be futile. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and Investigation revealed that although the person hired was a White female, she CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. Decision No. (ii) If there are witnesses get their statements. As such, it is an immutable characteristic neither changeable nor The policy is not applied to sales agents or pursers for first class passengers who are all male. weight requirement. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. According to CP, females have CP alleges that this constitutes 71-1529, CCH EEOC Decisions (1973) 6231, the Commission found that the respondent failed to prove a business necessity defense for its minimum 5'6" height requirement which disproportionately excluded women and Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. However, such comparisons are simply unfounded. Commission Decision No. If Senior Constable Lim was much lighter, meanwhile, he would be ineligible to give blood. 14 (November 30, 1977). Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. 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 In Commission Decision No. Dillmann is 1.615 meters tall - 1.5 centimeters too short. I became one of the first paramedics in . were hired. N.Y. 1979). According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, 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. 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. 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. This is because many court and administrative determinations have found that height and weight requirements 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 Abolished proportional, height/weight requirements absent a showing by respondent that the requirement constitutes a necessity., had a minimum 5 ' 6 '' height requirement for height and weight requirements for female police officers officer is between 18-21 years age. Witnesses get their statements only show differences based on sex, age, and race was much lighter,,! 8 inches rationale also applies to situations where the respondent has instituted agility. 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