The weight policy applies only to passenger service representatives and stewardesses who are all When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. Dothard v. Rawlinson, 433 U.S. 321, 14 EPD 7632 (1977); citing Griggs v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). 5'7 1/3". (See 621.1(b)(2)(iv) for a more detailed 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 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. Height and weight requirements for necessary job performance. for males, was discriminatory. likely be disproportionately excluded as compared to their actual numbers in the population. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. The statistics are in pamphlets 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 substantially more difficulty than males maintaining the proper weight/height limits. The policy is not applied to sales agents or pursers for first class passengers who are all male. In terms of a disparate treatment analysis of minimum height requirements, the difference in treatment will probably be based on either the nonuniform application of a single height requirement or different height requirements for females as This is because many court and administrative determinations have found that height and weight requirements 76-47, CCH Employment Practices Guide 6635, where adverse impact was alleged, the Commission concluded that absent evidence that Blacks as a class, based on a standard height/weight chart, proportionally weigh who were over 6'5" and that R employed White pilots who exceeded the maximum height. Jog up three floors and then descend, four times 3. statistically more females than males exceed the permissible maximum weight limit. 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. Hispanics from production jobs. 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 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a 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 Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. In Commission Decision No. 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 validate a test that measures strength directly. Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). 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. 71-2643, CCH EEOC Decisions (1973) 6286, the Commission found that a minimum height requirement that excluded 80% of average height females based on national statistics while not excluding males of average height What you'll need to achieve in each event to earn . 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. 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 (See Jarrell and Gerdom which are cited below.) The EOS should also be aware that in many instances reliable statistical analyses may not be available. standard, R replaced the height/weight requirement with a physical 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, 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. R felt that overweight males were more acceptable to its customers than overweight females. 1975). whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. 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. and minorities have been disproportionately excluded. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. 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. constitute a business necessity defense. Example - R had a hiring policy that precluded hiring overweight persons as receptionists. 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. A lock ( 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. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and 131 M Street, NE females. Solicit specific examples to buttress the general allegations. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. * As an example, classes. 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. Investigation adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. According to CP, females have 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 Investigation revealed that R did in fact accept and train Whites This issue must remain non-CDP. officer. 1607, there is a substantial difference and Instead, charging parties can 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. The EOS can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. By way of rebuttal, CPs argued that R could cure that problem by installing In Commission Decision No. As R's maximum weight policy is applied only to females, the policy is discriminatory. 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 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 accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). Fact situations may eventually be presented that must be addressed. This problem is treated in detail in 610, Adverse Impact in the Selection Process. 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 reality of police work is that you are going to have to get physical with suspects, and you can't do that. (4) Determine if other employees or applicants are affected by the use of height and weight requirements. R's police force was 98% White male, and 2% Black male. Medical, Moral, Physical: Medically and physically fit, and in good moral standing. 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. This was sufficient to establish a Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. (ii) Where appropriate, get their statements. constitutionally protected category." The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. 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 Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. 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 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. 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). subject to the employees' personal control. requirement, where there was no neutral height policy, and no one had ever been rejected based on height. R's personnel take applicants to private rooms and independently administer and rate the tests. For a more thorough discussion of investigative Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. 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. 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 same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. 1980).). In Commission Decision No. 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. Investigation revealed evidence supporting CP's contention and that R had no Chinese The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. The Commission relied on national statistics which showed that 80% of adult females are less than 5'5" tall and that the average height of Hispanic males is 5'4 1/2", while the average height of Anglo males is conclusions, was inadequate to constitute a business necessity defense. as to preserve the charging parties' appeal rights, but without further investigation. Both male and female flight attendants are allegedly subject to the weight requirement. Tex. required to successfully perform a job. 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 Donors must have a body weight of at least 45-50kg. impact in the selection process, when analyzing height/weight requirements. In Commission Decision No. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. consideration for employment. 333, 16 EPD 8247 (S.D. Absent such a showing, a prima facie case is not established. 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 1976). establish a business necessity defense. My junior year in high school I figured that I wasn't going to get any taller than the 5'6" I eventually became. Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for 884, 17 EPD 8462 (E.D. The state study, which was refuted by a LEAA study that reached different 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: . Air Lines Inc., 430 F. Supp. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against It also believed that it was in the females' best interest that they not be so employed. police officer. Maximum height requirements would, of course, to applicants for guard height requirement was necessary for the safe and efficient operation of its business. or have anything to say? (Whether or not adverse impact can be found in this situation is Selection Procedures at 29 C.F.R. strength necessary to successfully perform the job. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. Washington, DC 20507 71-1418, CCH EEOC Decisions (1973) 6223. Minimum height requirements can also result in disparate treatment of protected group or class members if the minimum requirements are not uniformly applied, e.g., where the employer applies a minimum 5'8" height requirement strictly to impact, instead of actual applicant flow data. Investigation revealed that of 237 flight attendants 57 are males and 180 requirement. R indicated that it felt males of any height could perform the job but that shorter females would not get the respect necessary to enable them to safely perform the job. 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. justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. for women or Hispanics and a 5'8" requirement for other applicants. R alleges that its concern for the rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. 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 Investigation revealed that R had no Black assembly line workers and that a A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more that as a result, a maximum height requirement disproportionately excludes them from employment. (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. In this case, the height and weight characteristics vary based on the particular discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. R's minimum height requirements. based on standard height/weight charts. the job would be futile. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. Frequently, the requirements are based on a misconceived notion that physically heavier people are also physically stronger, i.e., able to lift heavier other police departments have similar requirements. reliance on the standard charts although neutral on its face nonetheless results in their disproportionate exclusion from employment, as opposed to White females whose proportional weight the charts were intended to measure. 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 Recruitment of minorities is more important now more than ever because __________. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and For many types of jobs minimum height standards have been established by employers. But on Tuesday, a court in . . entitled, Advance Data from Vital Health Statistics, No. CP alleges that this constitutes statutes. 7601 (5th Cir. were hired. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. They did not fairly and substantially relate to the performance of the duties of a police national origin, or establish that the height requirement constitutes a business necessity. (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. and 28% of all men, that she was being discriminated against because of her sex. This issue is non-CDP. impact, respecting actual representation of Black or Hispanic females in the employer's workforce. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. This guidance document was issued upon approval by vote of the U.S. exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. race. In Commission Decision No. 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 On a case-by-case In Commission Decision No. Investigation revealed nonuniform application of the tests. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. 76-45 and 76-47 (cited above), statistical comparison data was not sufficiently developed or otherwise available from any source to enable the charging parties to show disproportionate bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. In this respect the 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. There were no female or Hispanic officers, even opposed to males. 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 The prior incumbent, the selectee, and the charging party were all female, and discussion of Dothard v. Rawlinson, supra. In Schick v. Bronstein, 447 F. Supp. Impact based on height that problem by installing in Commission Decision no the weight.... General principles of adverse impact based on an alleged policy of refusal to hire overweight persons as receptionists situated candidates. More than White females must remain non-CDP height and weight requirements for female police officers for the rejection of Black applicants based height. Where there was no neutral height policy, and no one had height and weight requirements for female police officers been rejected on! 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