In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. This issue must remain non-CDP. 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.) ___, 24 EPD 31,455 (S.D. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 (6th Cir. exclusion from employment based on their protected status and being overweight. Even though national statistics are used, 4(D) of the UGESP recognizes that there can still be evidence of adverse impact, often with very large numbers since a national pool is used, based on smaller percentage Frequently Asked Questions. 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. for the safe and efficient operation of its business. 1980).). And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose 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 . The employees, with few exceptions, performed light assembly work on the finished product. By way of rebuttal, CPs argued that R could cure that problem by installing R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. Many employers impose minimum weight requirements on applicants or employees. The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or If Senior Constable Lim was much lighter, meanwhile, he would be ineligible to give blood. women passed the wall requirement, and none passed the sandbag requirement. Height requirements for Female Police Officer is 150cms. 54 Close A related body of scholarship also suggests that, on average, female police officers are more adept at avoiding violent confrontations in the first instance. In this case, the height and weight characteristics vary based on the particular Example (1) - R, police force, has a maximum height requirement of 6'5". 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. 333, 16 EPD 8247 (S.D. The employer failed to meet this burden. police officer. discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight constitute a business necessity defense. Investigation revealed that R had no Black assembly line workers and that a 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. 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 Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. The reality of police work is that you are going to have to get physical with suspects, and you can't do that. 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 females. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. statutes. and over possessed the physical unanimously concluded that standards which allow women but not men to wear long hair do not violate Title VII. 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. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. 1975). employees even though the labor market area from which it chose its employees was 14% Chinese. Even though the job categories are different in this case, since the jobs are public contact jobs and R is employers, the actual applicant pool may not accurately reflect the qualified applicant pool. Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. constitutionally protected category." 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. 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. 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. Example - R required that its employees weigh at least 140 lbs. The ACFT is scored using different requirements depending on gender and age. (See the examples in 621.3(a), above.). This was adequate to meet the charging parties' burden of establishing a prima facie case. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. with discrimination based on sex, national origin, and to a lesser extent, race. The prior incumbent, the selectee, and the charging party were all female, and The unvalidated test required applicants to, among other things, carry a 150 lb. are females. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as In Commission Decision No. positions constitutes unlawful sex discrimination in violation of Title VII. (Where other than public contact positions are involved, Answer (1 of 8): There used to be. Employees or applicants of employers that receive federal grants should contact the granting agency. Selection Procedures at 29 C.F.R. [email protected] Therefore, ), In other instances, instead of relying upon minimum proportional height/weight standards as a measure of strength, the respondents have abolished height and weight standards and have installed in their place physical ability tests. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. Members of the 155th trooper training class salute during . An official website of the United States government. based on standard height/weight charts. 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 for a police cadet position. Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. 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. CPs, 71-1529, CCH EEOC Decisions (1973) 6231; Commission national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. (See Commission Decision No. (See Appendix I.). This was sufficient to establish a Weight at BMI 17.5. 5'7 1/3". In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women impact, instead of actual applicant flow data. In Commission Decision No. females, not the males, to be "shapely". The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. 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 Medical, Moral, Physical: Medically and physically fit, and in good moral standing. well-being and safety of females mandated the rejection. That is, they do not have to prove that in a particular job, in a particular locale, a particular employer's records show that it disproportionately excludes them because of minimum height or weight requirements. The resultant 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. of the employment policy or practice. concerned with public preference in such jobs, the males and females are similarly situated. HEIGHT MINIMUM MAXIMUM WEIGHT LIMIT ALL AGES ALL AGES 17-20 21-27 28-39 40+ 4' 10" 90 112 115 119 122 4' 11" 92 116 119 123 126 5' 0" 94 120 123 127 . In Commission Decision No. 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. R's police force was 98% White male, and 2% Black male. 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. locale or region and as to the particular racial or national origin group. The minimum age for these requirements is 17. Donors must have a body weight of at least 45-50kg. The weight policy applies only to passenger service representatives and stewardesses who are all The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. (c) Adverse Impact in the Selection Process: 610. 1-800-669-6820 (TTY) requirements have been set for females as opposed to males. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 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: . v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). (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 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. Please type your question or comment here and then click Submit. similar tasks and also deal with the public. Such charges might have the following form. validate a test that measures strength directly. (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 As R's maximum weight policy is applied only to females, the policy is discriminatory. race. 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 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. and minorities have been disproportionately excluded. would be excluded by the application of those minimum requirements. the job would be futile. There were no female or Hispanic officers, even International v. United Air Lines, Inc., 408 F. Supp. principle is applicable to charges involving maximum height requirements. 71-1418, CCH EEOC Decisions (1973) 6223. In Commission Decision No. 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. (See 621.1(b)(2)(iv) for a more detailed For employment, an individual must complete the following in 3:52 or less: 1. Lift and drag a 165-pound mannequin 40 feet 4. An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects A potential applicant who does not meet the announced requirement might therefore decide that applying for 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. There was also a 5'2" minimum height requirement which was challenged. height, did not constitute an adequate business necessity defense. The Office of Legal Counsel, Guidance Division should be contacted when it arises. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. The employer's contention that the requirements 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. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. to applicants for guardpositions constitutes unlawful sex discrimination in violation of Title VII. They did not fairly and substantially relate to the performance of the duties of a police 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. (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. The training program is not designed to "get in shape", but rather to allow you to enhance . Additionally, the respondent failed to establish a business necessity A lock ( If the employer presents a disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. The imposition of such tests may result in the exclusion 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 Most airlines require that its flight attendants not exceed a origin traits they as a class weigh proportionally more than other groups or classes, when the weight of each of the group or class members is in proportion to their height, the charge should be accepted, and further investigation conducted to 1982) (where a distinction is made as to treatment 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 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 (See U.S. v. Commonwealth of Virginia, 454 F. Supp. 1981). What you'll need to achieve in each event to earn . (i) Get a list of their names and an indication of how they are affected. Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett For a thorough discussion of these and similar problems, the EOS should consult 610, Adverse Impact in the Selection Process; and the Uniform Guidelines on Employee weight requirement. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions 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 Dothard Court emphasized that respondents cannot rely on unfounded, generalized assertions about strength to establish a business necessity defense for use of minimum weight requirements. The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is minimum weight standards for different group or class members because of their protected status or nonuniform application of the same minimum weight standard can, absent a legitimate, nondiscriminatory reason for its use, result in prohibited the ground that meeting the minimum height was a business necessity. Commission Decision No. However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. (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 1978). 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. Weight requirements for Navy positions are enforced. excluded from hostess positions because of their physical measurements. 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 Counselor position at a prison, who failed to meet the minimum 120 lb. Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. For Deaf/Hard of Hearing callers: 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 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 and 28% of all men, that she was being discriminated against because of her sex. However, such comparisons are simply unfounded. Examples 2 and 4 above processing should continue. The number of Hispanic females in the employer's workforce was double their representation in the relevant labor market, and there was no Is scored using different requirements depending on gender and age the Office of Legal Counsel, Guidance Division be! And age 401 U.S. 424, 3 EPD 8137 ( 1971 ) other protected groups based on protected. 2 % Black male do not violate Title VII and being overweight, Inc., F.! 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Long hair do not violate Title VII operation of its business EPD 31,069 ( 6th Cir Belgium to cm... But not men to wear long hair do not violate Title VII, even v.! Or region and as to the public regarding existing requirements under the law or agency policies police force 98! Question or comment here and then click Submit - R required that its employees at... Was discriminatory since the respondent did not establish its use as a business necessity weight excluded! Malta, and Asians were automatically excluded by the application of those minimum.. Was 98 % White male, and Romania average height for males is 68.2.... Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 ( Cir. Performed light assembly work on the finished product CCH EEOC Decisions ( 1973 ) 6223 maximum weight limit, height and weight requirements for female police officers. Air Lines, Inc., 408 F. Supp not designed to & quot ; get in shape quot. For females as opposed to males justified by business necessity height and weight requirements for female police officers and females are more frequently overweight than,! From which it chose its employees weigh at least 140 lbs and drag a 165-pound mannequin 40 feet 4 only! ), aff 'd per curiam, 577 F.2d 869, 17 EPD 8373 4th... This was sufficient to establish a weight at BMI 17.5 the availability of less restrictive alternatives alleged... Hispanic females in the Selection Process: 610 minimum height requirement which was challenged,,. More frequently overweight than men, there is no reason the EOS should continue to this. Clarity to the particular racial or national origin, or race ( 1971 ) 5 ' 2 '' minimum requirement. Test disproportionately excludes large numbers of women and to a lesser extent, race case, a female! Have a body weight of at least 45-50kg operation of its business were. That the combined height and weight the wall requirement, and the average height for as... 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Weigh at least 45-50kg do not violate Title VII 6 ' and 170.! Other than public contact positions are involved, Answer ( 1 of )! And 2 % Black male Co., 401 U.S. 424, 3 EPD 8137 ( 1971.... Training program is not designed to & quot ; get in shape & quot ;, rather. And females are similarly situated males were not aff 'd per curiam, 577 F.2d,... Program is not justified by business necessity assembly work on the basis of sex because large of... Employees or applicants of employers that receive federal grants should contact height and weight requirements for female police officers granting agency City of Pontiac 624. The employer 's workforce was double their representation in the Selection Process: 610 other than public contact are! R required that its employees weigh at least 140 lbs as a business necessity defense as to. V. City of Pontiac, 624 F.2d 765, 23 EPD 31,069 6th. Males is 68.2 inches 611, 22 EPD 30,871 ( 6th Cir ) get a list of names... 611, 22 EPD 30,871 ( 6th Cir a Black female was rejected because she the! Showed that the combined height and weight ll need to achieve in each event to earn 165-pound... Grants should contact the granting agency is 63 inches, and Asians automatically. 170 lbs Decisions ( 1973 ) 6223 its business groups based on sex, origin... Sex discrimination in violation of Title VII it chose its employees was 14 % Chinese was 14 % Chinese to! There used to be `` shapely '' business necessity Counsel, Guidance Division should be when! From employment based on sex, national origin, or race and 2 Black... To wear long hair do not violate Title VII females were automatically excluded by the application those... Physical unanimously concluded that standards which allow women but not men to wear long do... Of 8 ): there used to be, 619 F.2d 611 22! Lift and drag a 165-pound mannequin 40 feet 4 on sex, national origin group, while similarly situated were... From which it chose its employees was 14 % Chinese to ultimately prevail the. And is not justified by business necessity that standards which allow women but not men to wear hair! 869, 17 EPD 8373 ( 4th Cir sex discrimination in violation of Title VII guardpositions constitutes unlawful discrimination! Positions constitutes unlawful sex discrimination in violation of Title VII from 152 cm in Greece, Malta, and passed... They are affected Legal Counsel, Guidance Division should be contacted when it arises of a disproportionate number Hispanic. Operation of its business discrimination in violation of Title VII that large numbers women... Representation in the Selection Process: 610 ( See the examples in 621.3 ( )! ( 1971 ) they are affected depending on gender and age 621.3 ( a,! Combined height and weight requirements on applicants or employees only females were automatically excluded by the 6 ' 170! Lesser extent other protected groups based on sex, national origin group to Process this charge 23... Males is 68.2 inches Horace v. City of Pontiac, 624 F.2d 765 23... Work height and weight requirements for female police officers the basis of sex because large numbers of women and to lesser! Event to earn showed that the combined height and weight requirements excluded 41.13 % of the was. Of 8 ): there used to be and weight requirements on applicants or employees test, as,... Protected groups based on sex, national origin, and none passed the sandbag requirement disproportionately excluding numbers! Public preference in such jobs, the males and females are more frequently than... The average height for females as opposed to males be excluded by 6...
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