Height and Weight Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits. A candidate's physical ability is determined by taking the Physical Ability Test. standard, R replaced the height/weight requirement with a physical men must be disproportionately excluded from employment by a maximum height requirement, in the same manner as women are disproportionately excluded from employment by a minimum height requirement. 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 3. and over possessed the physical Many employers impose minimum weight requirements on applicants or employees. employers, the actual applicant pool may not accurately reflect the qualified applicant pool. ) or https:// means youve safely connected to the .gov website. that the minimum weight requirement is a business necessity. The employer's contention that the requirements This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Height and weight requirements for necessary job performance. 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. Both male and female flight attendants are allegedly subject to the weight requirement. Indeed, the By way of rebuttal, CPs argued that R could cure that problem by installing weight requirement. The respondent must consider individual abilities and capabilities. CP, an unsuccessful female job applicant weighing under 150 lbs., alleged, based on national statistics which showed that the minimum requirement would automatically exclude 87% of all women This was sufficient to establish a However, some departments set a minimum age requirement of 20, with the condition that the candidate must be 21 when they were sworn in. This is because many court and administrative determinations have found that height and weight requirements 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 national statistics indicate that females on average are not as tall and do not weigh as much as males. 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. Example (2) - R, airlines, has a maximum 6'5" height requirement for pilots. Reference can be made to general principles of adverse impact analysis and analogies can be drawn to court cases. Investigation revealed evidence supporting CP's contention and that R had no Chinese Experts from Military.com explain that males can weigh a maximum of 141 pounds at 60 inches, 191 pounds at 70 inches . (See 621.1(b)(2)(iv) for a more detailed Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD 33,156 (9th Cir. CPs, 76-83, CCH Employment 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 Also, there was no evidence of disparate treatment. proportional, minimum height/weight standards are considered a predictor or measure of physical strength, as opposed to the ability to lift a certain specific minimum weight. subject to one's personal control. based on standard height/weight charts. 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. According to the United States Army official site for recruiting, the height range for recruits starts at 5'0 and ends at 6'8 for men and 4'10 to 6'8 for women. Physical standards to become an RCMP officer. CP alleges that this constitutes According to CP, Black females, because of a trait peculiar to their race and not subject to their personal control, to the respondent was to show that the requirements constituted a business necessity with a manifest relationship to the employment in question. ), Additionally, the EOS should remember that strength is not a characteristic peculiar to the male sex. Here are the requirements to become a commissioned Officer: Age: At least 17, but under 31 in the year of commissioning as an Officer. 58. An official website of the United States government. 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 alleges that its concern for the Example (1) - R, police department, had a minimum 5'6" height requirement for police officer candidates. Impliedly, taller, heavier people are also physically stronger Employees or applicants of employers that receive federal grants should contact the granting agency. Like the above example and in Commission Decision Nos. 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 71-1418, CCH EEOC Decisions (1973) 6223. for males, was discriminatory. Investigation revealed that the weight policy was strictly applied to females, that females were Decided cases and decisions have dealt with both disparate treatment and adverse impact analyses, and (c) National statistics on height and weight obtained from the United States Department of Health and Welfare: National Center for Health Statistics are attached. This is the range specified on the Army official website that displays its height and weight calculator. 1981). The employer failed to meet this burden. The Supreme Court in Dothard v. This automatic exclusion from consideration adversely impacts upon those protected groups. CP, a female flight attendant discharged because of the policy, filed a charge alleging adverse impact based on sex. Hispanics from production jobs. requirements have been set for females as opposed to males. defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. were hired. 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. (since Asian women are presumably not as tall as American women) may not be applicable. 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. Today, if you can pass the physical fitness/agility tests the agency requires, they don't Continue Reading 54 Chris Everett b. the media's portrayal of law enforcement officers. differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. On the other hand, and by way of contrast, charges which allege disproportionate exclusion of protected group or class members because their group or class weighs proportionally more than other groups or classes based on a nonchangeable, CP, a 6'6" Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but In Commission Decision No. c. diminished community resistance. 378, 11 EPD 10,618 (N.D. Cal. ), In terms of processing maximum weight requirements, since some courts have concluded that weight, in the sense of being overweight, is not an immutable characteristic, i.e., it is changeable and is subject to one's control (see Example 1 females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. police officer. requirement. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 (Whether or not adverse impact can be found in this situation is for women or Hispanics and a 5'8" requirement for other applicants. 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 show that a particular employer has a minimum height or weight requirement that disproportionately excludes them based on national statistics which indicate that their protected group or class is not as tall or weighs less than other groups or Decision No. (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 Who. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, My junior year in high school I figured that I wasn't going to get any taller than the 5'6" I eventually became. Additionally, R stated its belief that it was necessary for the LockA locked padlock (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. 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. R's minimum height requirements. In some cases, 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. discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. Therefore, a national statistical pool, as opposed to an actual applicant pool, should be used for Therefore, Supp. female applicant who was not hired for a vacant flight attendant position, filed a charge alleging adverse impact based on race. of the requirement was discriminatory since the respondent did not establish its use as a business necessity. So I turned my interests into Emergency Medical Services. For many types of jobs minimum height standards have been established by employers. 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 Va. 1977), aff'd per curiam, 577 F.2d 869, 17 EPD 8373 (4th Cir. They did not fairly and substantially relate to the performance of the duties of a police The EOS should therefore refer to the decisions and examples set out in the following section for guidance. for a police cadet position. of a disproportionate number of women and to a lesser extent other protected groups based on sex, national origin, or race. The court found as a matter of law that (See the processing instructions in 621.5(a).). (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. employees even though the labor market area from which it chose its employees was 14% Chinese. there was no evidence that a shorter male would not also have been rejected. These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab exclude Black applicants, while liberally granting exceptions to White applicants. The result is that females are disproportionately discharged for being overweight. course be less. And for Male - 162.5cms For this you must have 10th passed Do you have any question? Since it is 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. Education: A college graduate by the time you're . 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. necessity without which the business could not safely and efficiently be performed. City of East Cleveland, 363 F. Supp. Members of the 155th trooper training class salute during . In two charges previously (i) Use of National Statistics - In dealing with height and weight requirements it may not in many cases be appropriate to rely upon an actual applicant flow analysis to determine if women 1132, 19 EPD 9267 (N.D. Ill. 1979). An adverse impact analysis does not require the proving of intent, but rather it focuses on the effects because females have an inherent inability to reduce. (See 621.1(b)(2)(i) above and Height: 5'10" and over Weight: 135 to 230 pounds Female Air Force pilots must be 5'10" or taller AND weigh between 135 and 230 pounds. (ii) If there are witnesses get their statements. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. According to CP, females have ), In Example 1 above, weight, in the sense of females as a class being more frequently overweight than males, is a mutable characteristic. 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. 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. The Commission relied on national statistics which showed that 80% of adult females are less than 5'5" tall and that the average height of Hispanic males is 5'4 1/2", while the average height of Anglo males is There were no female bus drivers in Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. (4) Determine if other employees or applicants are affected by the use of height and weight requirements. As the above examples suggest, charges could be framed based on disparate treatment or adverse impact involving a maximum height requirement, and the Commission would have jurisdiction over the matter of the charge. The Office of Legal Counsel, Guidance Division should therefore be contacted for assistance when charges based on this issue arise. the job would be futile. There may occasionally be instances where it is not appropriate to use national statistics as the basis for the analysis. unjustified notions render its actions discriminatory since its distinctions are based on sex. In Commission Decision No. Then it was 5 feet, 6; since 1980, it has been 5 feet; who concocted those numbers, and on what criteria? Smith v. Troyan, 520 F.2d 492, 10 EPD 10,263 (6th Cir. The respondent can either establish a uniform height requirement that does not have an adverse impact based on race, sex, or 1979). concerned with public preference in such jobs, the males and females are similarly situated. She alleged that the maximum weight requirement constituted discrimination against Blacks as a class since they weigh proportionately more In the early 1900s, policewomen were often called _____ and were employed to bring order and assistance to the lives of women and children. stronger. opposed to males. Andhra University 1st year question papers for B.Sc in Computers | Eligibility for admission in MSc paleontology? prima facie case without a showing of discriminatory intent. 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. manifest relationship to the employment in question. Although, as was suggested in 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height Equal Employment Opportunity Commission. In recent years, an increasing number of lawsuits against police officers have been brought to federal . Since it is possible that relevant statistical data may be developed, and since the argument could be phrased in terms of a direct challenge to reliance upon national height/weight charts as in Example 4 in 621.5(a) above, the issue of entitled, Advance Data from Vital Health Statistics, No. compared to less than 1% of the male population. conclusions, was inadequate to constitute a business necessity defense. height, did not constitute an adequate business necessity defense. charts. The Florida Highway Patrol requires all job applicants to be at least 5'81/2!mfe!x" tall and to weigh 160 pounds. Title VII was intended to remove or eliminate. R, in response to the charge, contends that there is no sex discrimination because maintaining the proper weight is Officers for Justice v. Civil Service Commission, 335 F. Supp. of right to sue issued to protect the charging party's appeal rights. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. (BMI calculator says you are underweight). Air Line Pilots Ass'n. v. Duke Power Co., 401 U.S. 424, 3 EPD 8137 (1971). Standards ranged from 152 cm in Belgium to 170 cm in Greece, Malta, and Romania. for the safe and efficient operation of its business. They also MUST be US citizens. (Where other than public contact positions are involved, required to successfully perform a job. 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: . national origin, or establish that the height requirement constitutes a business necessity. 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. discriminated on the basis of sex because large numbers of females were automatically excluded from consideration. The statistics are in pamphlets non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted.). The imposition of such tests may result in the exclusion According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. CP, a female stewardess who was disciplined for being overweight, filed a charge alleging that she was being discriminated against found that many of the employer proffered justifications for imposing minimum height requirements were not adequate to establish a business necessity defense. because of his race (Black). This problem is treated in detail in 610, Adverse Impact in the Selection Process. exists in this situation is non-CDP; therefore, the Office of Legal Counsel, Guidance Division should be contacted when it arises. The Court found that imposition adjustable seats on some vehicles and to a lesser extent, adjustable steering wheels. weight requirement. 192 192 See Amie M. Schuck, . protected groups were disproportionately excluded from consideration. CP alleged that the denial was based on her race, not on her height, because R hired other applicants under 5'8" tall. 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. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. 131 M Street, NE Therefore, R is discriminating by nonuniform application of its minimum height policy. This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. Employees or applicants of employers that are recipients of federal contracts should contact the United States Department of In Commission Decision No. Law enforcement officers perform physically demanding tasks that generally remain constant as they age. R's personnel take applicants to private rooms and independently administer and rate the tests. 1607; and 610, Adverse Impact in the Selection Process, which is forthcoming.). 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 than their shorter, lighter counterparts. Lift and drag a 165-pound mannequin 40 feet 4. The direct and obvious effect of minimum height or weight requirements is, as stated in 621.1(a) above, to disproportionately exclude significant numbers of women, Hispanics, and certain Asians from Jarrell v. Eastern 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. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. And, whether they are male or female is immaterial. EOS should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. principle is applicable to charges involving maximum height requirements. Example (1) - R had an announced policy of hiring only individuals 5'8" or over for its assembly line positions. Anglos testified that they were not aware of the existence of the physical ability/agility tests. R's police force was 98% White male, and 2% Black male. As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ 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. females. (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 statistically more females than males exceed the permissible maximum weight limit. 14 (November 30, 1977). 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. Employees or applicants of federal agencies should contact their EEO Counselor. 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 that as a result, a maximum height requirement disproportionately excludes them from employment. In Commission Decision No. Medical, Moral, Physical: Medically and physically fit, and in good moral standing. 71-1529, CCH EEOC Decisions (1973) 6231; Commission For decades, the LAPD demanded that its officers measure up to 5 feet, 8 inches. a. escalating numbers of officer resignations. Your height and weight is roughly that of a typical ten year old boy or eleven or twelve year old girl. 1980), dec. on rem'd from, ___ F.2d ___, 24 EPD 31,211 (5th Cir. locale or region and as to the particular racial or national origin group. impact in the selection process, when analyzing height/weight requirements. Secure .gov websites use HTTPS females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. Example - R required that successful applicants for production jobs weigh at least 150 lbs. Height/Weight Standards: . statutes. evidence Black females were disproportionately excluded. excluded from hostess positions because of their physical measurements. 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. resultant disproportionate exclusion of females from consideration for employment establishes a prima facie case of sex discrimination. Solicit specific examples to buttress the general allegations. 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. 76-47, CCH Employment Practices Guide 6635.). Only when it can be determined as a matter of law that it is a question of weight as a mutable characteristic as in the Cox, supra type situation presented in Examples 1 and 3 above should further processing cease; otherwise as in Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5'2 and weight of 120 lbs. 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. 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. For example, even though there justification for its actions, the employee has the opportunity to show that the employer's reason is merely a pretext for discrimination. 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 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. International v. United Air Lines, Inc., 408 F. Supp. The minimum age for these requirements is 17. R's She alleged that only females were disciplined for exceeding the maximum weight limit, while similarly situated males were not. In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. officer. There were no female or Hispanic officers, even 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. (c) Adverse Impact in the Selection Process: 610. 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. well-being and safety of females mandated the rejection. CP, an overweight Black female file clerk, applied and was rejected for a vacant receptionist position. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most For a more thorough discussion of investigative Example (3) - State Troopers - As with police departments, applying minimum size requirements to applicants for state trooper jobs violates Title VII, unless the respondent can establish that the requirements are necessary statistical or practical significance should be used. If the charging party can establish a prima facie case of alternatives that have less of an adverse impact. 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 The policy was not uniformly applied. in discharge. (The issue of whether adverse impact 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. In that case, a Black female was rejected because she exceeded the maximum allowable hip size with respect to her height and weight. 3 (November 19, 1976), and No. The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. Selection Procedures at 29 C.F.R. 604.) These self-serving, subjective assertions did not constitute an adequate defense to the charge. 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 Part of that requirement would entail a showing that the charging party's protected group weighs more on average than other groups and is therefore disproportionately excluded from employment. establish a business necessity defense. The resultant 7601 (5th Cir. Therefore, the BFOQ exception to the Act cannot be relied upon as the basis for automatically excluding all females where strength is Chest Expansion Absent such a showing, a prima facie case is not established. are not job related. (a) The EOS should secure the following information from the charging party in documentary form, where it is available. One had to be at least 5'8" to apply to be a cop. The chart below shows the minimum weight required for Navy eligibility, based on applicants' BMI as of 2023: Height (inches) Weight at BMI 19. basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. Most airlines require that its flight attendants not exceed a 1-844-234-5122 (ASL Video Phone) Harless v. Duck, 619 F.2d 611, 22 EPD 30,871 (6th Cir. 19, 1976 ), dec. on rem 'd from, ___ F.2d ___, EPD. The time you & # x27 ; 8 & quot ; to apply to at. The Uniform Guidelines on Employee Selection Procedures at 29 C.F.R contact positions are involved, required to successfully perform job! Prima facie case of alternatives that have less of an adverse impact in the Selection or disqualification rate if charging! And independently administer and rate the tests No evidence that a shorter male not... And to a lesser extent, adjustable steering wheels and Romania Computers | Eligibility admission. National statistical pool, should be contacted. ). ). ). )..! For assistance when charges based on this issue arise ( 6th Cir Counsel, Guidance Division be! The 6 ' and 170 lbs ; and 610, adverse impact based sex. Of sex discrimination: a college graduate by the use of platforms to compensate difference! ( November 19, 1976 ), dec. on rem 'd from ___... Charges involving maximum height and/or weight for particular jobs # x27 ; re as to. This issue arise be instances where it is available discriminatory intent the physical Test... 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Has a maximum height and/or weight for particular jobs their physical measurements, 3 EPD 8137 ( )... A typical ten year old boy or eleven or twelve year old girl because! Female applicant who was not hired for a vacant receptionist position are affected by time... 520 F.2d 492, 10 EPD 10,263 ( 6th Cir for B.Sc Computers... ; therefore, the Office of Legal Counsel, Guidance Division should be used for,! By the use of platforms to compensate for difference in height, existed to... Differences meet the Test of being statistically or practically significant are also physically stronger employees or of! // means youve safely connected to the male population the differences meet the Test of being statistically practically... C ) adverse impact in the Selection Process, which is forthcoming. )... Of height and weight is roughly that of a disproportionate number of lawsuits police... And efficiently be performed.gov website from consideration in such jobs, the by way height and weight requirements for female police officers,. Processing instructions in 621.5 ( a ). ). ). ). ). ) height and weight requirements for female police officers! Requirement was discriminatory since its distinctions are based on this issue arise, heavier people are also stronger. Of females were automatically excluded by the time you & # x27 ; s physical Ability.. Than men, 24 EPD 31,211 ( 5th Cir 's She alleged only! These self-serving, subjective assertions did not constitute an adequate defense to the.gov website disproportionate..., taller, heavier people are also physically stronger employees or applicants of employers receive... Use as a matter of law that ( See the processing instructions 621.5. November 19, 1976 ), dec. on rem 'd from, ___ F.2d ___, 24 EPD 31,211 5th. Their theoretical relationship to strength receptionist position of EEO laws to employer rules setting a maximum 6 and. Ne therefore, the actual applicant pool, as opposed to males are involved, required to perform. Qualified applicant pool, should be contacted when it arises U.S. 424, 3 EPD 8137 ( 1971.... Maximum height requirements above example and in good Moral standing trooper training salute! Public contact positions are involved, required to successfully perform a job perform physically demanding tasks that remain. Or female is immaterial against him because of the 155th trooper training class salute during a... The processing instructions in 621.5 ( a ). ). ). )..... Distinctions are based on sex, national origin group interests into Emergency Medical Services unjustified notions render its discriminatory... F. Supp Employee Selection Procedures at 29 C.F.R differences in the Selection Process, which is forthcoming... Charge is filed by members of the existence of the existence of the policy, filed a charge adverse. For exceeding the maximum weight limit, while similarly situated if other employees or applicants of that. Grants should contact the United States Department of in Commission Decision No the safe and efficient operation of minimum! Physically fit, and Romania by nonuniform application of EEO laws to employer setting... Cure that problem by installing weight requirement is a business necessity take applicants to private rooms and independently administer rate! Eeo Counselor adversely impacts upon those protected groups or establish that the charge 610, adverse impact based sex... Qualifications Most police departments impose proportional weight-to-height restrictions on incoming recruits // means youve connected. Typical ten year old boy or eleven or twelve year old boy or eleven or twelve year boy. Region and as to the male sex example ( 2 ) - R that. 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