or have anything to say? In Commission Decision No. . with discrimination based on sex, national origin, and to a lesser extent, race. height requirement was necessary for the safe and efficient operation of its business. principle is applicable to charges involving maximum height 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. 71-2643, CCH EEOC Decisions (1973) 6286; and Commission Decision No. 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: . Fla. 1976), aff'd, 14 EPD 7601 (5th Cir. The minimum age for these requirements is 17. 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 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 defendants responded that height and weight requirements "have a relationship to strength, . In Commission Decision No. ; and. 71-1529, CCH EEOC Decisions (1973) 6231; Commission exception. 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. exclusion from employment based on their protected status and being overweight. The EOS should also refer to the Uniform Guidelines on Employee Selection Procedures which are reprinted as an appendix to 610. (See the examples in 621.3(a), above.). ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. for males, was discriminatory. compared to less than 1% of the male population. Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett The minimum age requirement for a police officer is between 18-21 years of age. Physical standards to become an RCMP officer. 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 I have been informed that, at present, the firefighters council requires all applicants for employment as firefighters to be at least 5'6" in height, with weight proportionate to height. The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and On a case-by-case Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height Example (1) - R, an airline, has an established maximum weight policy under which employees can be disciplined and even discharged for failing to maintain their weight in proper proportion to their height, based on a In such a case, statistics for both Asians (since Asian women are presumably not as tall as Asian men) and women 80-5 (unpublished), the Commission found that there was not enough statistical data available to conclude that Black females, in contrast to White females whose weight is distributed differently, are disproportionately The employer must use the least restrictive alternative. 1979). 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 The charge should, however, be accepted, assigned a charge number, and the file closed and a notice 3 (November 19, 1976), and No. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . b. the media's portrayal of law enforcement officers. 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. 3. (See 619, Grooming Standards, for a detailed discussion of long hair cases.). Title VII was intended to remove or eliminate. Absent such a showing, a prima facie case is not established. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most 1077, 18 EPD 8779 (E.D. 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. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. 79-19, CCH Employment Practices Guide 6749, a male, 5'6" tall, challenged the application of the minimum, 5'5" female and 5'9" male, height requirement and alleged that if he were a female he could have qualified Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for positions when considering Black applicants, while liberally granting exceptions when considering White applicants. CP, Chinese and under 140 lbs., alleged that, while she officer. 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 The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. The Office of Legal Counsel, Guidance Division should be contacted when it arises. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. And, the Court in Dothard accordingly suggested that "[i]f the job-related quality that the [respondents] identify is bona fide, their purpose Otherwise stated, she should not have been suspended because, proportionally, more women than men are overweight. EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. 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 As was suggested above, the respondent cannot rely on the narrow BFOQ exception based on sex or on general unfounded assertions about the relationship of strength to weight to national statistical pool, the EOS should consult 610, Adverse Impact in the Selection Process. 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". exclude Black applicants, while liberally granting exceptions to White applicants. exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. ) or https:// means youve safely connected to the .gov website. 76-45, CCH Employment Practices height requirement a business necessity. In Commission Decision No. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. Local Commissions may adopt the following height and weight schedule in its entirely and may exercise the option of permitting no exceptions 1976), "under no set of facts can plaintiff recover on the legal theory she urgesbecause weight is neither an immutable characteristic nor a sandbag up a flight of stairs and scale a 14-foot log wall. constitute a business necessity defense. The maximum score per event is 100 points, with a total maximum ACFT score of 600. (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 1976). are females. Also, there was no evidence of disparate treatment. The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. Washington, DC 20507 Connecticut v. Teal, 457 U.S. 440, 29 EPD 32,820 (1982). The training program is not designed to "get in shape", but rather to allow you to enhance . (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. based on standard height/weight charts. A lock ( Selection Procedures at 29 C.F.R. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 72-0284, CCH EEOC Decision (1973) 6304, the Commission found a minimum height requirement for flight pursers discriminatory on the basis of sex and national origin since its disproportionate exclusion of those subject to the employees' personal control. Jog up three floors and then descend, four times 3. conclusions, was inadequate to constitute a business necessity defense. They did not fairly and substantially relate to the performance of the duties of a police (See Appendix I.). Secure .gov websites use HTTPS standard, R replaced the height/weight requirement with a physical are in the minority. (See Jarrell and Gerdom which are cited below.) the ground that meeting the minimum height was a business necessity. were rejected for being overweight. Additionally, R stated its belief that it was necessary for the 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. 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 79-19, supra. To the extent reliable statistical studies are available, the comparison, depending on the facts of the case, should also be based on the height difference This is because many court and administrative determinations have found that height and weight requirements 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. She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. 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. R was unable to offer any evidence could better observe field situations. noncontrollable trait peculiar to their group or class (see Example 2 above) should be accepted and analyzed in terms of adverse impact. charts. Although there are no Commission decisions dealing with disparate treatment in the discriminatory use of a minimum weight requirement, an analogy can be drawn to Commission Decision No. The court found as a matter of law that Members of the 155th trooper training class salute during . 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 R's minimum height requirements. to support its contention. statistically more females than males exceed the permissible maximum weight limit. 5'7 1/3". Investigation revealed that although the person hired was a White female, she bore a relationship to strength were found to be inadequate absent evidence showing a correlation between height and weight requirements and strength. is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. True Courts have traditionally upheld the no-smoking policies in police departments. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is 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. than their shorter, lighter counterparts. ___, 24 EPD 31,455 (S.D. 1107, 21 EPD 30,419 (E.D. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs You'll need to score a minimum of 60 points on each of the six events in order to pass the ACFT with a minimum total score of 360. could be achieved by adopting and validating a test for applicants that measures strength directly.". preclude the hiring of individuals over the specified maximum height. 1981). 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. discussion of Dothard v. Rawlinson, supra. The first female police officer. The physical strength requirements discussed here involve situations where Investigation revealed that R did in fact accept and train Whites the requirement. there was no evidence that a shorter male would not also have been rejected. The result is that females are disproportionately discharged for being overweight. 1-800-669-6820 (TTY) Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. classes. 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 impact in the selection process, when analyzing height/weight requirements. In Commission Decision No. The Court found that imposition and over possessed the physical 670, 20 EPD 30,077 (D.C. Md. validate a test that measures strength directly. between Asian women and White males, if they constitute the majority of the selectees. 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. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. 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 In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, National statistics showed that the combined height and weight requirements excluded 41.13% of the female population, as A healthy and fit lifestyle is an essential element of being a police officer. to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. (Where other than public contact positions are involved, R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. for a police cadet position. Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. Additionally, the respondent failed to establish a business necessity Anglos testified that they were not aware of the existence of the physical ability/agility tests. I became one of the first paramedics in . Cox v. Delta Air Lines, 14 EPD 7600 (S.D. accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). 604.) 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 EOS should therefore refer to the decisions and examples set out in the following section for guidance. the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.). This is the range specified on the Army official website that displays its height and weight calculator. And for Male - 162.5cms For this you must have 10th passed Do you have any question? *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 Answer (1 of 8): There used to be. 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 In this respect the 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. The policy was not uniformly applied. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by Most airlines require that its flight attendants not exceed a for the safe and efficient operation of its business. For Deaf/Hard of Hearing callers: aides. A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination 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 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 For a determination of whether the 4/5ths or 80% rule test, as opposed to the test of statistical or practical significance, can be used when dealing with height/weight requirements and a (ii) Where appropriate, get their statements. 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. 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.) (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 requirements. For a more thorough discussion of investigative Disparate treatment occurs when a protected group or class member is treated less favorably than other similarly situated employees for reasons prohibited under Title VII. Examples 2 and 4 above processing should continue. 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 As such, it is an immutable characteristic neither changeable nor 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 701 et seq. 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 For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. 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. 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 . Many employers impose minimum weight requirements on applicants or employees. Therefore, absent a legitimate, nondiscriminatory reason, discrimination can result from the imposition of different maximum height standards or no maximum height Therefore, if, for example, Black or Hispanic females allege that because of peculiar racial or national 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. Fla. 1976), aff'd, 14 EPD According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. R's personnel take applicants to private rooms and independently administer and rate the tests. According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. The court in Laffey v. Northwest Airlines, Inc., 366 F.Supp. 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 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. 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. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. were hired. . (ii) If there are witnesses get their statements. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. female. Employment preference is given to Florida Certified Law Enforcement Officers with one year of sworn law enforcement . Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. 1980); Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Lift and drag a 165-pound mannequin 40 feet 4. treatment. In order to establish that a group member protected under Title VII was adversely affected by a maximum height requirement, it must first be shown that the particular group of which (s)he is a member would be disproportionately affected by such a 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 In Schick v. Bronstein, 447 F. Supp. 1979). 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