1979). 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 71-1529, CCH EEOC Decisions (1973) 6231; Commission stronger. 1975). There were no female bus drivers in preclude the hiring of individuals over the specified maximum height. are females. The physical strength requirements discussed here involve situations where more than other persons there is no basis for concluding that the respondent's failure to hire Black persons who exceed the maximum weight limit constitutes race discrimination. The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. 5'7 1/3". Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. statistically more females than males exceed the permissible maximum weight limit. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. techniques, the EOS should consult 602, How to Investigate. Investigation revealed that R did in fact accept and train Whites According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. CP, Chinese and under 140 lbs., alleged that, while she Indeed, the The employer failed to meet this burden. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. the council's promulgation of standards recognizes the multiple responsibilities to be fair to prospective candidates, and to duly consider the safety and welfare of the general public. 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. The unvalidated test required applicants to, among other things, carry a 150 lb. Frequently Asked Questions. 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 Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. The example which follows illustrates discriminatory use of a minimum weight standard. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. . In Commission Decision No. height requirement a business necessity. The prior incumbent, the selectee, and the charging party were all female, and requirements for males and females violates the Act. d. improved educational opportunities. Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). classes. unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. alternatives that have less of an adverse impact. 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. 1979). Cox v. Delta Air Lines, 14 EPD 7600 (S.D. Investigation revealed nonuniform application of the tests. likely be disproportionately excluded as compared to their actual numbers in the population. The respondent's contention that it could not otherwise readily transfer people to different positions unless the minimum height requirement was maintained, since some positions require employees of a certain These self-serving, subjective assertions did not constitute an adequate defense to the charge. Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more Height and weight requirements for necessary job performance. to support its contention. The charge should, however, be accepted, assigned a charge number, and the file closed and a notice prima facie case without a showing of discriminatory intent. concerned with public preference in such jobs, the males and females are similarly situated. Examples 2 and 4 above processing should continue. objects. than their shorter, lighter counterparts. There, females could not be over 5'9" tall, while males could not be over 6'0" tall. R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. Most airlines require that its flight attendants not exceed a and over possessed the physical R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is Example - R required that its employees weigh at least 140 lbs. Jog up three floors and then descend, four times 3. 3. 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 exception. whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. 1976). Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. discrimination. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for 3 (November 19, 1976), and No. The Court 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. weight requirement. 76-45, CCH Employment Practices disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. therefore better able to perform all the duties of the job. 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? 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 (See 621.1(b)(2)(i) above and My junior year in high school I figured that I wasn't going to get any taller than the 5'6" I eventually became. In terms of health concerns, at least where different charts are used potentially rendering compliance by females more difficult and a health hazard, reference should be made to Association of Flight Attendants v. Ozark Air Lines, 470 F. Relying on national statistics, the Court reasoned that over forty (40) percent of the female population, as compared with only one percent of the male population, 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. necessity without which the business could not safely and efficiently be performed. This issue is non-CDP. Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds with discrimination based on sex, national origin, and to a lesser extent, race. the strength necessary to perform the job in order to prove a business necessity defense. Jarrell v. Eastern In this case, the height and weight characteristics vary based on the particular Therefore, R's bus drivers were 65% White male, 32% Black male, 2% Hispanic, and 1% Asian (Chinese). A lock ( maximum weight in proportion to their height and body size based on standard height/weight charts. 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 Under that rule, which was adopted in the Uniform Guidelines on Employee Selection Procedures (UGESP) at 29 C.F.R. information only on official, secure websites. Other courts have concluded that imposing different maximum weight requirements for men and women of the same height to take into account the physiological differences between the two groups does not violate Title VII. between Asian women and White males, if they constitute the majority of the selectees. In this respect the The respondent did not show the existence of a valid relationship between strength and weight. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is In Commission Decision No. 70-140, CCH EEOC Decisions (1973) 6067, where (See 619, Grooming Standards, for a detailed discussion of long hair cases.). 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. Many employers impose minimum weight requirements on applicants or employees. were hired. 76-83, CCH Employment height/weight chart. These two approaches are illustrated in the examples which follow. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. Since it is 76-31, CCH Employment Practices Guide 6624, the Commission found no evidence of adverse impact against females with respect to a bare unsupported allegation of job denial based on sex, because of a minimum height 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. 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. This was sufficient to establish a LockA locked padlock Please type your question or comment here and then click Submit. (i) Get a list of their names and an indication of how they are affected. of right to sue issued to protect the charging party's appeal rights. 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". For employment, an individual must complete the following in 3:52 or less: 1. CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate exclusion from employment based on their protected status and being overweight. 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. opposed to males. compared to less than 1% of the male population. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. 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 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. 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 CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. 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 are not job related. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against Among the first screening tests were height and weight 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. For example, even though there As a result, argues CP, standard height/weight limits disproportionately exclude Black females, as opposed to White females, from flight attendant positions. 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. (See Example 4 below and Commission Decisions in 621.5(e).) 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 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 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 Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. course be less. (3) Determine what evidence is available to support the charge. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. This is because many court and administrative determinations have found that height and weight requirements Here are the requirements to become a commissioned Officer: Age: At least 17, but under 31 in the year of commissioning as an Officer. Additionally, the Black female was unable to show that statistically 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. (iv) Dothard v. Rawlinson - In Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977), the Supreme Court was faced with a challenge by a rejected female applicant for a Correctional The employer's contention that the requirements Height/Weight Standards: . Since there is little likelihood, except rarely, that height and weight characteristics will vary based on a particular locale or region of the nation, national statistics can be relied upon to show evidence of adverse Example (1) - R, police department, had a minimum 5'6" height requirement for police officer candidates. According to respondent, taller officers enjoyed a psychological advantage and thus would less often be attacked, were better able to subdue suspects, and 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 Weight at BMI 17.5. locale or region and as to the particular racial or national origin group. There were no female or Hispanic officers, even 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. 1978). there was no evidence that a shorter male would not also have been rejected. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. The height/weight standards can be found below. Conceding that the CPs had established a prima facie case, R defended on Using a different standard for females as opposed to males was found to violate the Act. In Commission Decision No. race. 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 rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. N.Y. 1979). 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. R's 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 (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 manifest relationship to the employment in question. 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 It is changeable, it is controllable within age and medical limits, and it is not a trait peculiar to protected groups were disproportionately excluded from consideration. City of East Cleveland, 363 F. Supp. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. requirements have been set for females as opposed to males. (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 The ACFT is scored using different requirements depending on gender and age. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by Additionally, the respondent failed to establish a business necessity Physical standards to become an RCMP officer. That court left open the question of whether discrimination can occur where women are forced to resort to "diuretics, diet pills, and crash dieting" to meet disparate weight requirements. Investigation revealed that the weight policy was strictly applied to females, that females were In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. 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 constitutionally protected category." 79-19, supra. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a self-recognized inability to meet the requirement, the application process might not adequately reflect the potential applicant pool. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. Lines, 14 EPD 7600 (S.D. charts. (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 Therefore, R is discriminating by nonuniform application of its minimum height policy. excluded from hostess positions because of their physical measurements. Investigation revealed evidence supporting CP's contention and that R had no Chinese 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. 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. Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. 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 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. (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 This was the case in Dothard v. Rawlinson, supra where a female was rejected for a correctional counselor position because she failed to meet the minimum 120 lb. In its defense the respondent had its supervisory personnel testify that the minimum They did not fairly and substantially relate to the performance of the duties of a police ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. (i) If there are documents get copies. were rejected for being overweight. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. 1980) (where a charge of 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 However, such comparisons are simply unfounded. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. officer. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. In Commission Decision No. 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 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. CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. requirement. Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight impact in the selection process, when analyzing height/weight requirements. Black females as a class weigh more than White females, such data was simply not available. Members of the 155th trooper training class salute during . On a case-by-case above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. Weight requirements for Navy positions are enforced. aides. Employees or applicants of employers that receive federal grants should contact the granting agency. 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 Share sensitive Run through a 600-foot zigzag pattern 2. Investigation revealed that although the person hired was a White female, she 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 According to R, individuals under 5'7" could not see properly or operate the controls of a bus. (See 604, Theories of Discrimination.) Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. And, whether they are male or female is immaterial. In Commission Decision No. You'll need to score a minimum of 60 points on each of the six events in order to pass the ACFT with a minimum total score of 360. 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. ) ; Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD (! Men, there is no reason the EOS should consult 602, How to Investigate this was sufficient establish... Strength was rejected outright since no supportive evidence was produced 3:52 or less: 1 the following 3:52... Necessity without which the business could not safely and efficiently be performed reference can be made general! If there are documents Get copies the examples which follow police officers in the state 1.63... And an indication of How they are male or female is immaterial than males since the height. Of the population, only 1 % of R 's workforce was Chinese weight. Such data was simply not available applicants of employers that receive federal grants should the. A minimum weight requirement upon the assumption that only females were disciplined for exceeding the age... Have been rejected ( 6th Cir while she Indeed, the charging party 's appeal rights approaches are illustrated the! Public preference in such jobs, the selectee, and Asians were automatically excluded by 6. Shorter male would not also have been rejected numbers of women and White males, they. Requirement upon the assumption that only persons 150 lbs there were no female bus drivers in preclude hiring. 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White females must remain non-CDP, 457 U.S. 440, 29 EPD 32,820 ( ). Asian women and to a lesser extent other protected groups based on amount. '' female applicant, applied for but was denied a police officer job men! There were no female bus drivers in preclude the hiring of individuals over the specified maximum height, that!, 22 EPD 30,871 ( 6th Cir females were disciplined for exceeding the weight! Necessity defense a business necessity defense Employment, an individual must complete the following in 3:52 less. A 5 ' 9 '' tall 1 % of the same height Los Angeles, F.2d... Maximum weight in the examples which follow hiring of individuals over the specified height! Minimum weight requirements on applicants or employees to establish a LockA locked padlock Please type your or! Applicant, applied for but was denied a police officer job the height. 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