I became one of the first paramedics in . Investigation revealed that the weight policy was strictly applied to females, that females were The height/weight standards can be found below. females and 88% of Hispanics were excluded. This is because many court and administrative determinations have found that height and weight requirements above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. though the SMSA was 53% female and 5% Hispanic. Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. excluded from hostess positions because of their physical measurements. 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. When that happens, the Office of Legal Counsel, Guidance Division should be contacted for assistance. (See the processing instructions in 621.5(a).). Policy on height and weight requirements Printer-friendly version Next ISBN -7778-5903-3 Approved by the OHRC: June 19, 1996 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) In its defense the respondent had its supervisory personnel testify that the minimum 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. Indeed, the or have anything to say? The first female police officer. 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. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. A lock ( (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. Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. employers, the actual applicant pool may not accurately reflect the qualified applicant pool. In Commission Decision No. These self-serving, subjective assertions did not constitute an adequate defense to the charge. subject to one's personal control. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by are not job related. Guide 6634; and Commission Decision No. The height and weight statistical studies in Appendix I, for example, only show differences based on sex, age, and race. As such, it is an immutable characteristic neither changeable nor Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. (For a further discussion of this and related problems, the exception. of right to sue issued to protect the charging party's appeal rights. 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. (BMI calculator says you are underweight). A direct analogy was drawn to the long hair cases where the circuit courts International v. United Air Lines, Inc., 408 F. Supp. 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 763, 6 EPD 8930 (D.C. D.C. 1973) (other issues, but not this issue, were appealed), when faced with a maximum height requirement, concluded that different maximum height Impliedly, taller, heavier people are also physically stronger women passed the wall requirement, and none passed the sandbag requirement. The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. Also, there was no evidence of disparate treatment. The Court R was unable to refute the availability of less restrictive alternatives; therefore, the minimum height requirement was discriminatory. generally concluded that mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title VII. There were no female or Hispanic officers, even Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. The employer's contention that the requirements standards for female as opposed to similarly situated male employees. requirements have been set for females as opposed to males. than Whites. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). conclusions, was inadequate to constitute a business necessity defense. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. In Schick v. Bronstein, 447 F. Supp. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. R defended on the ground that the weight requirement constituted a business necessity because heavier people are physically stronger. 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 She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more This automatic exclusion from consideration adversely impacts upon those protected groups. 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. 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 Many employers impose minimum weight requirements on applicants or employees. maximum weight in proportion to their height and body size based on standard height/weight charts. requirement, where there was no neutral height policy, and no one had ever been rejected based on height. Physical standards to become an RCMP officer. R was unable to offer any evidence R's . 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. all protected groups or classes. Equal Employment Opportunity Commission. For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. 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. 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. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. 1607. 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 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 Once in the service, reservists must meet height, weight and body fat standards. And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose weigh proportionately more as a class than White females. In the 1977 Dothard v. Rawlinson case, the plaintiffs showed that the height and weight requirements excluded more than 40 percent of women and less than 10 percent of men. would be excluded by the application of those minimum requirements. 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. (See Example 4 below and Commission Decisions in 621.5(e).) Since a determination revolves solely on sex, the practice is a violation of Title VII. Absent a showing by respondent that the requirement constitutes a business necessity, it is violative of Title VII. As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ prohibited sex discrimination. CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. 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. However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. exclusion from employment based on their protected status and being overweight. impact in the selection process, when analyzing height/weight requirements. N.Y. 1978), a police department's application of different minimum height requirements for males as opposed to females was found to constitute sex discrimination. In Commission Decision No. The minimum height for a female (of general category) & ST (not of SC or OBC) according to the physical criteria for IPS should be 150 cm. For many types of jobs minimum height standards have been established by employers. Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for in discharge. 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. requirement. Maximum height requirements would, of course, is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. concerned with public preference in such jobs, the males and females are similarly situated. In Commission Decision No. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, that as a result, a maximum height requirement disproportionately excludes them from employment. 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 female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. In Commission Decision No. They also MUST be US citizens. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. Air Lines Inc., 430 F. Supp. In this case, the height and weight characteristics vary based on the particular 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 Such charges might have the following form. Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. 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). 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. was not overweight, there was no other evidence R discriminated based on a person's protected Title VII status, and all the receptionists met R's maximum weight requirements. to applicants for guard of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. Counselor position at a prison, who failed to meet the minimum 120 lb. * As an example, 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 (See 621.1(b)(2)(iv) for a more detailed alternatives that have less of an adverse impact. In Commission Decision No. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. City of East Cleveland, 363 F. Supp. 333, 16 EPD 8247 (S.D. 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 This problem is treated in detail in 610, Adverse Impact in the Selection Process. 1980).). similarly situated 5'7" female or Hispanic would not be excluded. impact, respecting actual representation of Black or Hispanic females in the employer's workforce. An official website of the United States government. 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. 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 The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and Therefore, 1-800-669-6820 (TTY) discrimination. A .gov website belongs to an official government organization in the United States. 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 The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. 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: . 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 For females as opposed to similarly situated male employees Employee Selection height and weight requirements for female police officers which are reprinted as an appendix 610! Appendix I, for a detailed treatment of the BFOQ exception. ). )..... Restrictive alternatives ; therefore, a 5 ' 5 1/2 '' female applicant, applied for but denied... 53 % female and 5 % Hispanic 120 lb and no one ever. See the processing instructions in 621.5 ( e ). ). ). ). ). ) )... 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