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Limitation level criteria manage, of course, preclude the newest employing men and women over the specified limit peak

Limitation level criteria manage, of course, preclude the newest employing men and women over the specified limit peak

In Blake v. City of La, 595 F.2d 1367, 19 EPD ¶ 9251 (9th Cir. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by demonstrating that the height requirement resulted in the selection of applicants in a significantly discriminatory pattern, we.age., 87% of all women, as compared to 20% of all men, were excluded. This was sufficient to establish a prima facie case without a showing of discriminatory intent. The court was not persuaded by respondent’s argument that taller officers have the advantage in subduing suspects and observing field situations, so as to make the height requirement a business necessity.

(a) General –

Many height statutes for employees such as police officers, state troopers, firefighters, correctional counselors, flight attendants, and pilots contain height ranges, elizabeth.g., 5’6″ to 6’5″. Although, as was suggested in § 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height requirements. It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. Such charges might have the following form.

Example (1) – R, police force, has a maximum height requirement of 6’5″. CP, a 6’7″ male, applied but was rejected for a police officer position because he is over the maximum height. CP alleges that this constitutes discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. CP conjectures that the opposite, namely that men are taller than women, must also be true. Accordingly, 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.

Example (2) – R, airlines, has a maximum 6’5″ height requirement for pilots. CP, a 6’6″ Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but because of his race (Black). According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. Investigation revealed that R did in fact accept and train Whites who were over 6’5″ and that R employed White pilots who exceeded the maximum height. R had no Black pilots, and no Blacks were accepted as pilot trainees.

Since more than examples suggest, costs might possibly be presented based on different therapy or negative be2 bilgisayarda kullanД±mД± effect related to a maximum height specifications, and also the Payment will have jurisdiction across the question of the fresh new charges.

(b) Different Therapy –

Disparate medication happens when a safe class otherwise class representative was handled quicker favorably than many other similarly built employees having grounds banned around Identity VII. (Get a hold of § 604, Ideas from Discrimination.) So it earliest idea enforce so you can charges involving limit peak criteria. For this reason, missing a valid, nondiscriminatory cause, discrimination can result from the imposition of different limit height conditions or no limitation level standards having girls in lieu of also founded male personnel. (See the advice inside the § 621.3(a), a lot more than.)

Even though there are not any Commission choices referring to disparate medication because of accessibility an optimum height criteria, the fresh new EOS may use the fundamental different procedures analysis established inside § 604, Theories out-of Discrimination, to resolve instance charges and also as a guide to creating the newest LOD.

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. 79-19, supra.


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