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 discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. Cox v. Delta Air Outlines, 14 EPD ¶ 7600 (S.D. Fla. 1976), aff’d, 14 EPD ¶ 7601 (5th Cir. 1976). (See also EEOC v. Delta Sky Traces, Inc., ___ F. Supp. ___, 24 EPD ¶ 31,455 (S.D. Tex. 1980), dec. on the rem’d of, ___ F.2d ___, 24 EPD ¶ 31,211 (5th Cir. 1980).)
In terms of disparate treatment, the airlines’ practice of more frequently and more severely disciplining females, as compared to males, for violating maximum weight restrictions was http://www.datingmentor.org/pl/bdsm-randki/ found to violate Title VII. Air line Pilots Ass’n. All over the world v. United Sky Traces, Inc., 408 F. Supp. 1107, 21 EPD ¶ 30,419 (E.D. N.Y. 1979).
Gerdom v. Continental Heavens Contours Inc., 692 F.2d 602, 30 EPD ¶ 33,156 (9th Cir. 1982), vacating simply committee advice for the, 648 F.2d 1223, 26 EPD ¶ 31,921 (9th Cir. 1981).
Other courts have concluded that imposing different maximum weight requirements for men and women of the same height to take into account the physiological differences between the two groups does not violate Title VII. Jarrell v. Eastern Heavens Outlines Inc., 430 F. Supp. 884, 17 EPD ¶ 8462 (E.D. Va. 1977), aff’d for each and every curiam, 577 F.2d 869, 17 EPD ¶ 8373 (4th Cir. 1978).
In terms of health concerns, at least where different charts are used potentially rendering compliance by females more difficult and a health hazard, reference should be made to Organization away from Flight Attendants v. Ozark Heavens Traces, 470 F. Supp. 1132, 19 EPD ¶ 9267 (N.D. Ill. 1979). 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.
Actual electricity requirements as talked about contained in this point differ out of minimal strength training criteria which happen to be discussed during the § 625, BFOQ. This new bodily stamina standards talked about here encompass situations where proportional, minimum height/weight requirements are believed an excellent predictor or measure of physical strength, instead of the power to elevator a specific particular minimum weight.
As opposed to proportional, minimal, height/pounds criteria otherwise dimensions just like the a factor getting evaluating applicants, companies plus may just be sure to rely on various bodily element or agility testing. The latest imposition of these screening may result in new exemption off an excellent disproportionate quantity of people and less the total amount almost every other safe communities considering gender, national origin, otherwise competition.
In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. Impliedly, taller, heavier people are also physically stronger than their shorter, lighter counterparts. However, such comparisons are simply unfounded. And, the Court in Dothard accordingly suggested that “[i]f the job-related quality that the [respondents] identify is bona fide, their purpose could be achieved by adopting and validating a test for applicants that measures strength directly.”
Analogy (1) – Prison Correctional Advisors – In Dothard v. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5’2″ and weight of 120 lbs. to applicants for guard positions constitutes unlawful sex discrimination in violation of 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, would be excluded by the application of those minimum requirements. The respondent’s contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. The Court suggested that, even if the quality was found to be job related, a validated test which directly measures strength could be devised and adopted.