Example (2) – R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. The weight policy applies only to passenger service representatives and stewardesses who are all female. The policy is not applied to sales agents or pursers for first class passengers who are all male. 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. Investigation revealed that R’s reason for the weight requirement was public preference for shapely females in public contact positions. Even though the job categories are different in this case, since the jobs are public contact jobs and R is concerned with public preference in such jobs, the males and females are similarly situated. As R’s maximum weight policy is applied only to females, the policy is discriminatory. (Where other than public contact positions are involved, the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.)
A harder state involves the imposition various limitation lbs equal in porportion to help you height requirements for males and you may ladies of exact same height. In lieu of minimum top requirements in which mode more requirements has been found to Elite dating site result in discrimination (get a hold of § 621.2 more than), particular process of law (find times cited less than) are finding that means additional maximum weight requirements for males and you can females of the identical top does not bring about banned discrimination. In reality, the actual charts which can be basic, and you can which can be made use of to ascertain peak/lbs in proportion to muscles dimensions include other permissible limitations to possess men and women within the detection of your own physiological differences when considering the fresh a few teams. A good 5’7″ man from typical stature do therefore be permitted to weighing proportionally more an effective 5’7″ lady out of average stature for a passing fancy level/pounds graph. The real difference in lbs compared to top from a beneficial 5’7″ woman from higher prominence carry out however getting faster.
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 prohibited sex discrimination. (See Jarrell and Gerdom which are cited below.) Therefore, these courts have concluded that, as long as the different height/weight standards are not unreasonable in terms of medical considerations 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.
This matter need to remain non-CDP. The office away from Legal services, Recommendations Department is always to ergo end up being contacted getting guidelines whenever charges based with this procedure happen.
(e) Percentage Behavior
From inside the Payment Decision No. 70-140, CCH EEOC Conclusion (1973) ¶ 6067, and this so-called disparate cures, dependence on an insurance policy facing employing over weight applicants is discovered so you’re able to feel a pretext getting racial discrimination given that only Black colored applicants were refused for being heavy.
CP, a woman stewardess who was simply controlled if you are over weight, submitted a charge alleging that she had been discriminated up against since the regarding their sex where people were not susceptible to the fresh plan
When you look at the Payment Decision No. 76-47, CCH A job Methods Book ¶ 6635, where negative impression try alleged, the newest Percentage determined that missing evidence one to Blacks as the a class, based on a basic top/lbs chart, proportionally weighing more than other individuals there isn’t any cause for finishing that the respondent’s incapacity to employ Black individuals exactly who meet or exceed the most weight limit comprises battle discrimination.
For the Fee Choice Zero. 76-forty-five, CCH Employment Strategies Guide ¶ 6634, where bad feeling has also been so-called, the new Payment discovered that absent mathematical evidence that Hispanics because an effective group consider proportionally more people regarding most other national origins, Identity VII is not violated of the an excellent respondent’s inability to hire Hispanics which surpass the utmost lbs maximum.