Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs 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. 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 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. Maximum height requirements would, of course, (3) Determine what evidence is available to support the charge. A 5'7" (See 604, Theories of Discrimination.) And for Male - 162.5cms For this you must have 10th passed Do you have any question? Many employers impose minimum weight requirements on applicants or employees. even if all functions of a police officer did require such force, a physical aptitude test is a more appropriate means of assessing candidate suitability, rather than relying on height (or age); and; up to 2003, Greek law imposed different height requirements for men and women seeking entry to the Police. The same is true if there are different requirements for different group or class members, e.g., where the employer has a 5'5" minimum height requirement to support its contention. This issue must remain non-CDP. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. Investigation revealed that the weight policy was strictly applied to females, that females were 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. 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. Therefore, if, for example, Black or Hispanic females allege that because of peculiar racial or national (4) Determine if other employees or applicants are affected by the use of height and weight requirements. Unlike minimum height requirements where setting different standards has been found to 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. (iii) Bottom Line - Under the bottom line concept which can be found in 4(C) of the UGESP, where height and weight requirements are a component of the selection procedure, even if considering all the components together there is no 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. to applicants for guard of right to sue issued to protect the charging party's appeal rights. 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. If the employer presents a exclusion from employment based on their protected status and being overweight. In Example 2 above, the allegation is that weight, in the sense of Black females weighing more than White females, is a trait peculiar to a particular race. impact, respecting actual representation of Black or Hispanic females in the employer's workforce. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is 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 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. *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 They did not fairly and substantially relate to the performance of the duties of a police 333, 16 EPD 8247 (S.D. were hired. 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. 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 constitute a business necessity defense. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . or have anything to say? As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ Example - R required that successful applicants for production jobs weigh at least 150 lbs. 378, 11 EPD 10,618 (N.D. Cal. Washington, DC 20507
Title VII, 29 CFR Part 1604, 29 CFR Part 1605, Employers, Employees, Applicants, Attorneys and Practitioners, EEOC Staff, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Advance Data from Vital Health Statistics, No. height, did not constitute an adequate business necessity defense. CP, Chinese and under 140 lbs., alleged that, while she 670, 20 EPD 30,077 (D.C. Md. (Whether or not adverse impact can be found in this situation is who were over 6'5" and that R employed White pilots who exceeded the maximum height. Example (2) - R, police department, had a minimum height requirement for females but not for males because it did not believe females, as opposed to males, under 5'8" could safely and efficiently perform all the duties of a But on Tuesday, a court in . officer. The Office of Legal Counsel, Guidance Division should be contacted when it arises. 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 58. preclude the hiring of individuals over the specified maximum height. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. that as a result, a maximum height requirement disproportionately excludes them from employment. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. Examples 2 and 4 above processing should continue. And, whether they are male or female is immaterial. Weight at BMI 17.5. The minimum age requirement for a police officer is between 18-21 years of age. Your are also quite skinny even for someone of your height. The height/weight standards can be found below. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). 1-800-669-6820 (TTY)
Therefore, imposing different Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. 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). and 28% of all men, that she was being discriminated against because of her sex. Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. (See Example 4 below and Commission Decisions in 621.5(e).) R was unable to offer any evidence The than Whites. 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 comparison purposes. The overall effect, however, is to disproportionately exclude women, Hispanics, and certain Asians from employment because on average they are shorter than males or members of other national origins or races. In Commission Decision No. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). weight requirement. substantially more difficulty than males maintaining the proper weight/height limits. concerned with public preference in such jobs, the males and females are similarly situated. This issue is non-CDP. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. (2) Adverse Impact Analysis - This approach is applicable where on its face a minimum height or weight requirement constitutes a neutral employment policy or practice that may be applied equally to 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. 604.) 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. 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 and minorities have been disproportionately excluded. 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 aides. CPs, 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 course be less. exception. 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. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. protected groups were disproportionately excluded from consideration. The employer, if it wants to retain the requirements, must show that they constitute a business the strength necessary to perform the job in order to prove a business necessity defense. and over possessed the physical In Commission Decision No. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. 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. b. the media's portrayal of law enforcement officers. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. (See the processing instructions in 621.5(a).). (i) If there are documents get copies. 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, CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. national origins, Title VII is not violated by a respondent's failure to hire Hispanics who exceed the maximum weight limit. are not job related.
height and weight requirements for female police officers