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 difficult disease involves the imposition of various limitation weight equal in porportion so you’re able to height criteria for males and girls of your exact same peak. As opposed to minimum top conditions where mode additional standards has been found to bring about discrimination (discover § 621.2 over), particular process of law (come across instances cited below) have found that form other restrict pounds requirements for males and girls of the identical peak does not cause blocked discrimination. Indeed, the very charts which are simple, and you may which happen to be made use of to determine height/pounds equal in porportion to help you muscles dimensions contain different permissible limits for everyone during the recognition of one’s psychological differences when considering the new a few organizations. A good 5’7″ kid off average prominence carry out for this reason be allowed to weigh proportionally more a good 5’7″ woman of average stature for a passing fancy height/weight graph. The difference during the weight equal in porportion to help you level of a great 5’7″ woman out-of high prominence create needless to say end up being 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 dilemma must remain non-CDP. Any office out of Legal advice, Advice Office is therefore end up being contacted for assistance whenever costs created about this procedure occur.
(e) Percentage Decisions
Within the Commission Choice Zero. 70-140, CCH EEOC Choices (1973) ¶ 6067, and that so-called different procedures, dependence on an insurance policy facing employing fat applicants is actually found to end up being a great pretext to own racial discrimination as just Black colored individuals was basically rejected for being over weight.
CP, a lady stewardess who was disciplined for being obese, filed a charge alleging you to she was being discriminated facing once the of their gender in that men just weren’t at the mercy of brand new policy
In Fee Choice No. 76-47, CCH Employment Strategies Publication ¶ 6635 Baptist dating sites, in which unfavorable effect was alleged, brand new Commission determined that missing proof you to Blacks as the a course, predicated on a basic top/lbs graph, proportionally weighing over most other persons there’s absolutely no reason for finishing the respondent’s inability to engage Black colored individuals which meet or exceed maximum lbs limitation constitutes battle discrimination.
From inside the Commission Decision No. 76-45, CCH A job Practices Publication ¶ 6634, in which negative feeling was also alleged, brand new Payment learned that absent statistical facts that Hispanics because a great classification weighing proportionally over persons from other federal roots, Name VII is not broken by an effective respondent’s inability to hire Hispanics who surpass the maximum pounds restrict.