CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. similarly situated 5'7" female or Hispanic would not be excluded. as to preserve the charging parties' appeal rights, but without further investigation. According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. 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". 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. 1982), vacating in part panel opinion in, 648 F.2d 1223, 26 EPD 31,921 (9th Cir. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations There were no female bus drivers in bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. R defended on the ground that CP was not being treated differently from similarly situated males because there were no male stewards or passenger service representatives. In Commission Decision No. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? females and 88% of Hispanics were excluded. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against other police departments have similar requirements. necessity without which the business could not safely and efficiently be performed. (The issue of whether adverse impact exclude Black applicants, while liberally granting exceptions to White applicants. (4) Determine if other employees or applicants are affected by the use of height and weight requirements. 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. If the charging party can establish a prima facie case of proportional, minimum height/weight standards are considered a predictor or measure of physical strength, as opposed to the ability to lift a certain specific minimum weight. The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. discrimination. 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 Once a prima facie case is established the respondent in rebuttal must show 1980).). The court was not persuaded by respondent's argument that taller officers have the advantage in subduing suspects and observing field situations, so as to make 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. 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. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. Additionally, the Black female was unable to show that statistically Tex. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). Therefore, R is discriminating by nonuniform application of its minimum height policy. (The EOS should also refer to the discussion of Dothard v. Rawlinson in 621.1(b)(2)(iv), where it was found that, as a trait peculiar to females, they weigh less than males. resolve such charges and as a guide to drafting the LOD. strength necessary to successfully perform the job. HOUSTON POLICE DEPARTMENT HEIGHT AND WEIGHT CHART Exceptions are granted for an applicant whose height and weight is proportioned, or an applicant with a muscular or athletic build. 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. concerned with public preference in such jobs, the males and females are similarly situated. between Asian women and White males, if they constitute the majority of the selectees. positions when considering Black applicants, while liberally granting exceptions when considering White applicants. 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 impact, instead of actual applicant flow data. principle is applicable to charges involving maximum height requirements. This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that Black females as a class weigh more than White females, such data was simply not available. Employees or applicants of employers that are recipients of federal contracts should contact the United States Department of Air Line Pilots Ass'n. 1979). 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 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. So I turned my interests into Emergency Medical Services. The respondent's contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. Lift and drag a 165-pound mannequin 40 feet 4. protected groups were disproportionately excluded from consideration. Medical, Moral, Physical: Medically and physically fit, and in good moral standing. Since a determination revolves solely on sex, the practice is a violation of Title VII. 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 1131 (N.D. Ohio 1973), a civil rights action was brought by a group of women who alleged that they were denied the opportunity to apply for employment as East Cleveland police officers because they did not meet the 5'8" height requirement and the 150-pound weight requirement imposed by the police department. In Commission Decision No. (See also EEOC v. Delta Air Lines, Inc., ___ F. Supp. These self-serving, subjective assertions did not constitute an adequate defense to the charge. 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. study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. Therefore, maximum weight in proportion to their height and body size based on standard height/weight charts. 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. Weight requirements for Navy positions are enforced. The Supreme Court in Dothard v. basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. 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. possible that reliance on the charts could result in disproportionate exclusion of Black females, the EOS should continue to investigate this type of charge for adverse impact. non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). 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 Otherwise stated, if the allegation is that women as a class are, based on statistics, more frequently overweight than men, this charge should be dismissed in such a manner In the decisions referred to above, the Commission also based its decisions on the lack of evidence of disparate treatment and the absence of evidence of adverse A 5'7" and over possessed the physical evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. were rejected for being overweight. R alleges that its concern for the In Commission Decision No. 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. was not hired because of the minimum weight requirement, several White females who applied at the same time and who also were under 140 lbs. ___, 24 EPD 31,455 (S.D. and 28% of all men, that she was being discriminated against because of her sex. Decision No. Therefore, if, for example, Black or Hispanic females allege that because of peculiar racial or national exclusion from employment based on their protected status and being overweight. 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. 14 (November 30, 1977). requirements for males and females violates the Act. The weight policy applies only to passenger service representatives and stewardesses who are all female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. 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. In Commission Decision No. For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. that the minimum weight requirement is a business necessity. Example (2) - R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. Secure .gov websites use HTTPS The respondent did not show the existence of a valid relationship between strength and weight. 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 CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate (i) Get a list of their names and an indication of how they are affected. for males, was discriminatory. 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? (This problem is discussed further in 621.6, below.). 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 subject to one's personal control. Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. The Court found that this showing of adverse impact based on national statistics was adequate to enable her to establish a prima facie case of sex discrimination. (i) If there are documents get copies. 701 et seq. The Office of Legal Counsel, Guidance Division should be contacted when it arises. in discharge. 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 (BMI calculator says you are underweight). R's police force was 98% White male, and 2% Black male. CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. R's minimum height requirements. Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. preclude the hiring of individuals over the specified maximum height. I became one of the first paramedics in . (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 Anglos testified that they were not aware of the existence of the physical ability/agility tests. Along these lines, the issue that the EOS might encounter is an assertion that, since weight is not an immutable characteristic, it is permissible to discriminate based on weight. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . Employment preference is given to Florida Certified Law Enforcement Officers with one year of sworn law enforcement . b. the media's portrayal of law enforcement officers. rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. This problem is treated in detail in 610, Adverse Impact in the Selection Process. 670, 20 EPD 30,077 (D.C. Md. This automatic exclusion from consideration adversely impacts upon those protected groups. 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 International v. United Air Lines, Inc., 408 F. Supp. course be less. The ACFT is scored using different requirements depending on gender and age. The The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. Equal Employment Opportunity Commission. 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. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and (See Example 4 below and Commission Decisions in 621.5(e).) 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. consideration for employment. According to CP, females have (See the examples in 621.3(a), above.). the job would be futile. 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. Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for Height/Weight Standards: . 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, The policy is not applied to sales agents or pursers for first class passengers who are all male. (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. 1-800-669-6820 (TTY) similar tasks and also deal with the public. females, not the males, to be "shapely". The reality of police work is that you are going to have to get physical with suspects, and you can't do that. The Commission also CP conjectures that the opposite, namely that men are taller than women, must also be true. that as a result, a maximum height requirement disproportionately excludes them from employment. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. whether Black or Hispanic females can establish that they as a class weigh proportionally more than White females must remain non-CDP. to support its contention. According to respondent, taller officers enjoyed a psychological advantage and thus would less often be attacked, were better able to subdue suspects, and Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. 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 Additionally, the respondent failed to establish a business necessity employers, the actual applicant pool may not accurately reflect the qualified applicant pool. 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 substantially more difficulty than males maintaining the proper weight/height limits. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. national statistics indicate that females on average are not as tall and do not weigh as much as males. Title VII status. 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. of right to sue issued to protect the charging party's appeal rights. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). 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 opposed to males. The employer failed to meet this burden. noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. 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. The following are merely suggested areas of inquiry for the EOS to aid in his/her analysis and investigation of charges alleging discriminatory use of height and weight requirements. or have anything to say? N.Y. 1979). . to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. female. 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. therefore better able to perform all the duties of the job. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs impact in the selection process, when analyzing height/weight requirements. (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 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 . Answer (1 of 8): There used to be. (See Example 3 below.). d. improved educational opportunities. The charge should, however, be accepted, assigned a charge number, and the file closed and a notice (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. Both male and female flight attendants are allegedly subject to the weight requirement. Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height Recruitment of minorities is more important now more than ever because __________. for women or Hispanics and a 5'8" requirement for other applicants. Absent such a showing, a prima facie case is not established. The employer must use the least restrictive alternative. Supp. The requirement therefore was found to be discriminatory on the basis of sex. Prohibited disparate treatment can also occur where maximum weight limitations are imposed on females in exclusively female job categories such as flight attendants but not on male employees such as directors of passenger service who perform required to successfully perform a job. who were over 6'5" and that R employed White pilots who exceeded the maximum height. Like the above example and in Commission Decision Nos. (See 604, Theories of Discrimination.) (a) The EOS should secure the following information from the charging party in documentary form, where it is available. 76-47, CCH Employment Practices Guide 6635.). 76-132, CCH Employment Practices Guide 6694, the Commission found that a prima facie case of sex discrimination resulting from application of minimum height requirements was not rebutted by a state a. escalating numbers of officer resignations. could better observe field situations. Practices Guide 6661, the Commission looked at national statistics and the fact that all of respondent's police officers were male and concluded that the respondent's minimum 5'9", 145 lbs., requirement disproportionately impacted against Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. techniques, the EOS should consult 602, How to Investigate. 79-25, CCH Employment Practices Guide 6752, the Commission found that a prima facie case of sex discrimination based on application of minimum height requirements was not rebutted by evidence that group or class and not against others. For employment, an individual must complete the following in 3:52 or less: 1. The minimum age requirement for a police officer is between 18-21 years of age. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. 76-45, CCH Employment Practices However, such comparisons are simply unfounded. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. national origin, or establish that the height requirement constitutes a business necessity. Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. R's 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. 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. The court found as a matter of law that Example (1) - R, a police department, formerly screened job applicants by strict adherence to proportional minimum height/weight requirements under the assumption that tall, well-built officers were physically stronger and standards for female as opposed to similarly situated male employees. Guide 6634; and Commission Decision No. 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 Title VII was intended to remove or eliminate. A direct analogy was drawn to the long hair cases where the circuit courts weight requirement. ; and. Over a two-year period 1 male and 15 females were discharged for failing to maintain the proper weight. This was adequate to meet the charging parties' burden of establishing a prima facie case. 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 In this case, a 5'7" male is being treated differently because of his sex or national origin if he is excluded because of failure to meet the height requirement since a because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. In Commission Decision No. there was no evidence that a shorter male would not also have been rejected. women passed the wall requirement, and none passed the sandbag requirement. 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose employees even though the labor market area from which it chose its employees was 14% Chinese. 131 M Street, NE 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, Therefore, imposing different 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 Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. info@eeoc.gov These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab Jog up three floors and then descend, four times 3. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. * As an example, 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 and minorities have been disproportionately excluded. Defended on the basis of sex not be excluded case is not height and weight requirements for female police officers characteristic to. 2 ) - R, an individual must complete the following in or... 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