While the a choice spins entirely toward sex, the fresh habit try a solution out of Identity VII

Y. 1978), a police department’s applying of additional minimal peak criteria for men unlike females try discovered to help you constitute gender discrimination

When you look at the Commission Choice Zero. 79-19, CCH A position Techniques Book ¶ 6749, a male, 5’6″ extreme, confronted employing the minimum, 5’5″ women and you will 5’9″ men, height needs and you will so-called that if the guy was in fact a woman he have eligible to an authorities cadet status. The respondent may either expose a uniform peak specifications you to definitely does not have a bad impact considering battle, sex, or national source, otherwise expose your height specifications constitutes a corporate necessity.

From inside the Commission Choice No. 76-31 datingmentor.org/established-men-review/, CCH Employment Practices Book ¶ 6624, the Commission receive no proof of unfavorable impression facing people which have admiration to help you a blank unsupported allegation regarding business denial centered on gender, because of at least height criteria, where you will find no simple top policy, with no that had ever been rejected predicated on level. Plus, you will find no proof of different medication. The prior incumbent, the new selectee, and battery charging class had been the female, so there is actually zero research you to a shorter men wouldn’t also have already been denied.

The court in You.S. v. Lee way Engine Cargo, 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.

(c) Adverse Feeling –

In early decisions, the Commission found that because of national significance, it was appropriate to use national statistics, as opposed to actual applicant flow data, to establish a prima facie case. The Commission also found that many of the employer proffered justifications for imposing minimum height requirements were not adequate to establish a business necessity defensemission Decision No. 71-1529, CCH EEOC Decisions (1973) ¶ 6231; Commission Decision No. 71-2643, CCH EEOC Decisions (1973) ¶ 6286; and Commission Decision No. 71-1418, CCH EEOC Decisions (1973) ¶ 6223. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, supra court cases came to different conclusions. Smith v. Troyan, 520 F.2d 492, 10 EPD ¶ 10,263 (6th Cir. 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD ¶ 7783 (1st Cir. 1972). The Supreme Court in Dothard v. Rawlinson, supra, however, agreed with the Commission’s position and used national statistics to find that minimum height and weight requirements were discriminatory and that unsupported assertions about strength were inadequate to constitute a business necessity defense.

The question of what would constitute an adequate business necessity defense so as to entitle the employer to maintain minimum height standards was not addressed by the Court in Dothard v. Rawlinson, supra. On a case-by-case basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. The EOS should therefore refer to the ples set out in the following section for guidance. 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.

Analogy (1) – R, police department, had a minimum 5’6″ height requirement for police officer candidates. R’s police force was 98% White male, and 2% Black male. There were no female or Hispanic officers, even though the SMSA was 53% female and 5% Hispanic. CPs, female and Hispanic rejected job applicants, filed charges alleging that their rejections, based on failure to meet the minimum height requirement, were discriminatory because their protected groups were disproportionately excluded from consideration. 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 females and 88% of Hispanics were excluded. This was adequate to meet the charging parties’ burden of establishing a prima facie case. In its defense the respondent had its supervisory personnel testify that the minimum height requirement was necessary for the safe and efficient operation of its business. According to respondent, taller officers enjoyed a psychological advantage and thus would less often be attacked, were better able to subdue suspects, and could better observe field situations. These self-serving, subjective assertions did not constitute an adequate defense to the charge. They did not fairly and substantially relate to the performance of the duties of a police officer. Accord Horace v. Town of Pontiac, 624 F.2d 765, 23 EPD ¶ 31,069 (6th Cir. 1980), and Revolutionary Justice People Inc. v. Hughes, 471 F. Supp. 670, 20 EPD ¶ 30,077 (D.C. Md. 1979).