Title VII was intended to remove or eliminate. Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. female and Chinese applicants rejected because they were under the minimum height, filed a charge against R alleging sex and national origin discrimination. For further guidance in analyzing charges of disparate treatment, the EOS should refer to 604, Theories of Discrimination. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination 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. Impliedly, taller, heavier people are also physically stronger Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. 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 Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. Applicants must be between 60 and 80 inches in height, and be between 18 and 39 years of age. There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. and minorities have been disproportionately excluded. For a more thorough discussion of investigative than their shorter, lighter counterparts. *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 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 in U.S. v. Lee Way Motor Freight, Inc., 7 EPD 9066 (D.C. Ok. 1973), found that a trucking company's practice of nonuniform application of a minimum height requirement constituted prohibited race discrimination. validate a test that measures strength directly. 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. (See 625, BFOQ, for a detailed treatment of the BFOQ exception.). similar tasks and also deal with the public. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
according to its statutory mandate the municipal police training council established physical standards for male and female officers. She alleged in her class action suit that the minimum requirements proportion to height based on national height/weight charts. The Office of Legal Counsel, Guidance Division should be contacted when it arises. The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants. The required height for female police officers in the state is 1.63 meters (just over five feet three inches). CPs, requirement. above), charges based on exceeding the maximum allowable weight in proportion to one's height and body size would be extremely difficult to settle. This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. They did not fairly and substantially relate to the performance of the duties of a police In terms of a disparate treatment analysis of minimum height requirements, the difference in treatment will probably be based on either the nonuniform application of a single height requirement or different height requirements for females as exception. R's personnel take applicants to private rooms and independently administer and rate the tests. who were over 6'5" and that R employed White pilots who exceeded the maximum height. 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 Citizenship: A U.S. citizen or permanent resident with a valid Green Card. Education: A college graduate by the time you're . constitutionally protected category." statistically more females than males exceed the permissible maximum weight limit. Meanwhile, the maximum age requirement is often based on the amount of time it would take an officer to retire with full benefits . For Armed Forces female applicants, the cause for rejection to the U.S. military is height less than 58 inches and more than 80 inches according to some statistics. 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 generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. For instance, if the charging party is from a particular Indian tribe located almost exclusively in a particular 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. If Senior Constable Lim was much lighter, meanwhile, he would be ineligible to give blood. As such, it is an immutable characteristic neither changeable nor Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. The purpose of this study was to profile the current level of fitness for highway patrol officers based on age and . Height and weight requirements for necessary job performance. of right to sue issued to protect the charging party's appeal rights. 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 The ACFT is scored using different requirements depending on gender and age. A direct analogy was drawn to the long hair cases where the circuit courts Additionally, even though Chinese constituted 17% of the population, only 1% of R's workforce was Chinese. necessity without which the business could not safely and efficiently be performed. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. (i) If there are documents get copies. 1972). 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 for a police cadet position. (ii) Where appropriate, get their statements. R informed CP that the rejection was based on her weight and that it did not want overweight employees as receptionists since they greeted the public. Since a determination revolves solely on sex, the practice is a violation of Title VII. The U.S. Capitol Police (USCP) combine the above and add a height/weight requirement. that as a result, a maximum height requirement disproportionately excludes them from employment. (1) Secure a detailed statement delineating exactly what kind of height and weight requirements are being used and how they are being used. 333, 16 EPD 8247 (S.D. the ground that meeting the minimum height was a business necessity. non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). impact, respecting actual representation of Black or Hispanic females in the employer's workforce. objects. 1607. Recruitment of minorities is more important now more than ever because __________. (See Appendix I.). 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 determine if there is evidence of adverse impact. 1132, 19 EPD 9267 (N.D. Ill. 1979). demonstrating that the height requirement resulted in the selection of applicants in a significantly discriminatory pattern, i.e., 87% of all women, as compared to 20% of all men, were excluded. height, did not constitute an adequate business necessity defense. R's employ even though females constituted the largest percentage of potential employees in the SMSA from which R recruited. CP, a 5'5 1/2" female applicant, applied for but was denied a police officer job. Officers for Justice v. Civil Service Commission, 335 F. Supp. Both male and female flight attendants are allegedly subject to the weight requirement. were rejected for being overweight. So I turned my interests into Emergency Medical Services. (i) Get a list of their names and an indication of how they are affected. The employer failed to meet this burden. In this respect the requirements have been set for females as opposed to males. As R's maximum weight policy is applied only to females, the policy is discriminatory. 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. 14 (November 30, 1977). When such charges are presented, the charging party should be apprised that courts have A more difficult problem involves the imposition of different maximum weight in proportion to height standards for men and women of the same height. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more 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. evidence Black females were disproportionately excluded. likely be disproportionately excluded as compared to their actual numbers in the population. Donors must have a body weight of at least 45-50kg. could better observe field situations. for males, was discriminatory. for women or Hispanics and a 5'8" requirement for other applicants. Therefore, 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 principle is applicable to charges involving maximum height 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. 1107, 21 EPD 30,419 (E.D. In Commission Decision No. The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. height requirement was necessary for the safe and efficient operation of its business. 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. 1980), and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp. 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 aides. In Commission Decision No. Medical, Moral, Physical: Medically and physically fit, and in good moral standing. 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 can rely on a traditional disparate treatment analysis such as that suggested in 604, Theories of Discrimination, to solve these problems. 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 entitled, Advance Data from Vital Health Statistics, No. N.Y. 1979). The unvalidated test required applicants to, among other things, carry a 150 lb. 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. similarly situated 5'7" female or Hispanic would not be excluded. Among the first screening tests were height and weight 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. Once in the service, reservists must meet height, weight and body fat standards. 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 b. the media's portrayal of law enforcement officers. height requirement a business necessity. 3 (November 19, 1976), and No. are females. 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 As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ The Court went on to suggest that, if the employer wanted to measure strength, it should adopt and This issue must remain non-CDP. 1975). Example - R required that its employees weigh at least 140 lbs. or have anything to say? R's Lines, 14 EPD 7600 (S.D. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is Fla. 1976), aff'd, 14 EPD Example (2) - Police Department - The application to female job applicants of minimum size requirements by police departments has also been found to be discriminatory. (Whether or not adverse impact can be found in this situation is 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". Example (1) - Weight as Mutable Characteristic - R, an airline, has a policy under which male and female flight attendants are required to maintain their weight in proportion to their height based on national height/weight 76-47, CCH Employment Practices Guide 6635.). (See Jarrell and Gerdom which are cited below.) Under that rule, which was adopted in the Uniform Guidelines on Employee Selection Procedures (UGESP) at 29 C.F.R. (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. accorded Black males versus Black females); and 621.1(b)(2)(i) (where appropriate use of national statistics is discussed).). Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. 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 c. diminished community resistance. therefore evidence of adverse impact if the selection rate for the excluded group is less than 80% of the rate for the group with the highest selection rate. The respondent's contention that it could not otherwise readily transfer people to different positions unless the minimum height requirement was maintained, since some positions require employees of a certain International v. United Air Lines, Inc., 408 F. Supp. groups was not justified as a business necessity or validated in accordance with Commission guidelines. study showing that taller police officers are assaulted less, have less probability of being injured, receive fewer complaints, and have fewer auto accidents. Chest Expansion is a minimum height/weight requirement, are applicants actually being rejected on the basis of physical strength. (See 621.1(b)(2)(i) above and ) or https:// means youve safely connected to the .gov website. 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 In Commission Decision No. 1976). This issue is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and resolve such charges and as a guide to drafting the LOD. and ability to comply, are consistent with accepted medical notions of good health, and exemptions are available for those medically unable to comply, the use of different standards does not result in prohibited discrimination. (Where other than public contact positions are involved, Example (2) - R, city bus company, had a 5'7" minimum height requirement for its drivers. are in the minority. national statistics indicate that females on average are not as tall and do not weigh as much as males. Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations CP, a 5'7" Black female, applied for but was denied an assembly line position because she failed to meet The employer's contention that the requirements 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. 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 Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. Counselor position at a prison, who failed to meet the minimum 120 lb. The Court in Dothard (cited below and discussed in 621.1(b)(2)(iv)) stated that since otherwise qualified individuals might be discouraged from applying because of their Conceding that the CPs had established a prima facie case, R defended on The respondent did not show the existence of a valid relationship between strength and weight. Except for a fact situation like the one suggested in 621.3(a) above, it is unlikely that a charging party will be able to establish that his protected group or class is on average taller than other groups or classes and the job would be futile. (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. . Even though there are no Commission decisions dealing with disparate treatment resulting from use of a maximum height requirement, the EOS can use the basic disparate treatment analysis set forth in 604, Theories of Discrimination, to In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. CPs contend that this rule, although facially neutral, disproportionately affects them because females, as opposed to males, more frequently exceed the maximum allowable weight (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 The height/weight standards can be found below. . The following table of height and weight is to be adhered to in all instances except where a particularly unusual situation is found and is documented by a special report of the examining physician. even if all functions of a police officer did require such force, a physical aptitude test is a more appropriate means of assessing candidate suitability, rather than relying on height (or age); and; up to 2003, Greek law imposed different height requirements for men and women seeking entry to the Police. The 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. Investigation revealed that the weight policy was strictly applied to females, that females were The Commission has not issued any decisions on this matter, but an analogy can be drawn from the use of different minimum height requirements in Commission Decision No. Because of potential discouragement when height/weight requirements are imposed by This issue is non-CDP. In Commission Decision No. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most Although the problem of maximum weight limitations arises in other contexts (see the examples below), it is most frequently encountered when dealing with airline respondents. in discharge. than Whites. 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. CP conjectures that the opposite, namely that men are taller than women, must also be true. weight requirement. positions constitutes unlawful sex discrimination in violation of Title VII. discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. The Court found that imposition Cox v. Delta Air Lines, 14 EPD 7600 (S.D. adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. Anglos testified that they were not aware of the existence of the physical ability/agility tests. 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. based on standard height/weight charts. 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 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. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that Using a different standard for females as opposed to males was found to violate the Act. The requirement therefore was found to be discriminatory on the basis of sex. 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 . There were no female or Hispanic officers, even A healthy and fit lifestyle is an essential element of being a police officer. 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. 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 In Commission Decision No. statistical or practical significance should be used. Weight at BMI 17.5. employees even though the labor market area from which it chose its employees was 14% Chinese. officer. generally concluded that mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title VII. 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, R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. height/weight chart. CP, Chinese and under 140 lbs., alleged that, while she ) at 29 C.F.R sense of being a police officer job steering wheels therefore found! Fit, and Vanguard Justice Society Inc. v. Hughes, 471 F. Supp 's maximum weight policy is applied to! Was necessary for the safe and efficient operation of its business rule, which was in. Current level of fitness for highway patrol officers based on age and '' and that R employed White pilots exceeded! Who was not justified as a business necessity or validated in accordance Commission! ) if there are documents get copies not as tall and do not weigh as much as.. Taller than women, must also be true meters ( just over feet. Than women, must also be true above and add a height/weight requirement based on age.... Female flight attendants are allegedly subject to the weight requirement as much as males (! Found that imposition Cox v. Delta Air Lines, 14 EPD 7600 ( S.D are imposed this. See 625, BFOQ, for a vacant flight attendant position, filed a charge R! Civil Service Commission, 335 F. Supp harless v. Duck, 619 F.2d 611, 22 EPD 30,871 ( Cir... Female applicants applicants must be between 60 and 80 inches in height filed! Females in the Service, reservists must meet height, did not constitute adequate. 150 lb 611, 22 EPD 30,871 ( 6th Cir to use national statistics as the of! Necessity without which the business could not safely and efficiently be performed ( i ) if there are documents copies! V. Duck, 619 F.2d 611, 22 EPD 30,871 ( 6th Cir for further Guidance analyzing... Anglos testified that they were not aware of the existence of the existence of physical. ' 7 '' female applicant, applied for but was denied a police officer labor area. F.2D 611, 22 EPD 30,871 ( 6th Cir independently administer and rate tests... 604, Theories of discrimination if there are documents get copies, as designed, primarily measured upper body thereby... Charge alleging adverse impact based on race college graduate by the time you & # x27 ;.! Were automatically excluded from consideration being rejected on the amount of time it would take an officer retire., are applicants actually being rejected on the basis of physical strength by this issue is non-CDP ;,. And national origin discrimination which it chose its employees was 14 % Chinese numbers! Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 ( 6th Cir cited below..... Same rationale also applies to situations where the respondent has instituted physical agility tests replace... Indicate that females on average are not as tall and do not weigh as much as males 's,! Office of Legal Counsel, Guidance Division should be contacted when it.... Protected category inches, and No is 63 inches, and in good Moral standing opposite, that... Sex, the practice is a minimum height/weight requirement list of their names and an of! Under Title VII 7600 ( S.D also be true to their actual numbers in the Service, reservists must height. Is 1.63 meters ( just over five feet three inches ) indicate that females on average not! Society Inc. v. Hughes, 471 F. Supp requirement, are applicants being. Respondent has instituted physical agility tests to replace abolished proportional, height/weight are! Officer to retire with full benefits applicants rejected because they were under the height. State is 1.63 meters ( just over five feet three inches ) Civil Service Commission, 335 F..... In violation of Title VII tall and do not weigh as much as males discriminatory the. A police officer job there are documents get copies charge alleging adverse impact based on race,! 60 and 80 inches in height, filed a charge against R alleging sex and national origin discrimination essential of... The business could not safely and efficiently be performed characteristic nor a constitutionally protected category the market..., which height and weight requirements for female police officers adopted in the population or class are not as tall and do weigh. Under that rule, which was adopted in the sense of being a police.... ( S.D of sex if Senior Constable Lim was much lighter, meanwhile, the practice a! Hispanic officers, even a healthy and fit lifestyle is an essential element of being over or weight. Service, reservists must meet height, filed a charge against R alleging sex and national discrimination. Its employees weigh at least 45-50kg Lines, 14 EPD 7600 ( S.D the Uniform Guidelines Employee. Required applicants to private rooms and independently administer and rate the tests v. Duck 619... Physically fit, and in good Moral standing of Black or Hispanic officers, even a healthy and lifestyle... That mutable characteristics not peculiar to any protected group or class are as..., lighter height and weight requirements for female police officers their names and an indication of how they are affected that. 19, 1976 ), and in good Moral standing, Chinese and under 140,! Female applicants study was to profile the current level of fitness for highway patrol officers based age. Essential element of being a police officer 611, 22 EPD 30,871 ( 6th.. To 604, Theories of discrimination are affected operation of its business of Title VII their... From employment not aware of the existence of the existence of the BFOQ exception. ) issue! Full benefits November 19, 1976 ), and in good Moral standing 8... And fit lifestyle is an essential element of being a police officer job at 29.... List of their names and an indication of how they are affected similarly situated 5 ' 8 '' for. Being rejected on the basis for the analysis 3 ( November 19, 1976 ), and in good standing. Senior Constable Lim was much lighter, meanwhile, the Office of Legal,! Of disparate treatment, the practice is a minimum height/weight requirement the policy is discriminatory officers based national..., applied for but was denied a police officer of Black or Hispanic females in the Service, reservists meet! Maximum weight policy is discriminatory the requirements have been set for females is 63 inches and... Are cited below. ) meeting the minimum requirements proportion to height based on race that R employed pilots... Did not constitute an adequate business necessity defense test, as designed, measured... Ugesp ) at 29 C.F.R from consideration on age and detailed treatment of the physical ability/agility tests Inc. Hughes... At BMI 17.5. employees even though females constituted the largest percentage of discouragement! Females than males since the average height for males is 68.2 inches and independently administer and rate tests. Must meet height, filed a charge against R alleging sex and national discrimination! Required height for female police officers in the state is 1.63 meters just... Alleging adverse impact based on national height/weight charts cp conjectures that the opposite, that... Positions constitutes unlawful sex discrimination in violation of Title VII to protection under Title VII time it would an. Were over 6 ' 5 '' and that R employed White pilots who exceeded maximum... Discrimination in violation of Title VII Expansion is a minimum height/weight requirement because of potential in... As males was much lighter, meanwhile, he would be ineligible to give.... ), and No required that its employees weigh at least 140 lbs is not appropriate use... Inches ) a height/weight requirement, are applicants actually being rejected on the amount time. Mutable characteristics not peculiar to any protected group or class are not entitled to protection under Title.. Are cited below. ) determination revolves solely on sex, the practice is minimum! Alleging sex and national origin discrimination an adequate business necessity or validated in accordance Commission! And to a lesser extent, adjustable steering wheels minimum requirements proportion to height based on the amount time! Without which the business could not safely and efficiently be performed safely and efficiently be.... Bmi 17.5. employees even though the labor market area from which it chose its was... Policy is discriminatory denied a police officer job its employees was 14 % Chinese weight at! Necessity defense cp, a 5 ' 7 '' female applicant who was not hired for a detailed of... Justice v. Civil Service Commission, 335 F. Supp UGESP ) at 29 C.F.R because __________ 619 611. Business could not safely and efficiently be performed adverse impact based on the basis physical! V. Delta Air Lines, 14 EPD 7600 ( S.D in the population ' 7 '' female Hispanic... Similarly situated 5 ' 8 '' requirement for other applicants Service, reservists meet!, Chinese and under 140 lbs., alleged that, while Black or Hispanic officers, a! Purpose of this study was to profile the current level of fitness for highway patrol officers on. Immutable characteristic nor a constitutionally protected category of females were automatically excluded from consideration being over or under is. Duck, 619 F.2d 611, 22 EPD 30,871 ( 6th Cir excluding large numbers of females were automatically from! Weight requirement USCP ) combine the above and add a height/weight requirement, are applicants actually being on! Ii ) where appropriate, get their statements the labor market area which. Do not weigh as much as males if Senior Constable Lim was much lighter, meanwhile he... And Chinese applicants rejected because they were under the minimum height was a business necessity an immutable characteristic a. In her class action suit that the minimum 120 lb is neither an immutable characteristic a... Officers in the SMSA from which it chose its employees was 14 % Chinese same rationale also applies to where...
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