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 more should be contacted.)
A more challenging disease requires the imposition of various limitation weight in proportion to help you top conditions for men and you will ladies of your same height. Instead of minimal height requirements in which function different standards has been discovered to bring about discrimination (come across § 621.2 more than), some courts (come across cases quoted below) have discovered that form different restrict pounds criteria for men and you can girls of the same peak cannot cause prohibited discrimination. Indeed, ab muscles maps that are important, and you can which are relied on to establish height/pounds in proportion to help you looks proportions contain different permissible limits for individuals inside the detection of your own emotional differences between new one or two teams. A good 5’7″ son out-of typical prominence create therefore be permitted to consider proportionally more than a 5’7″ girl out of typical prominence for a passing fancy peak/lbs chart. The real difference inside the weight in proportion to top out of an excellent 5’7″ woman regarding high prominence do naturally become shorter.
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 have to are nevertheless low-CDP. Any office of Legal advice, Information Section is always to thus end up being called to have guidance when costs dependent on this issue occur.
(e) Commission Conclusion
When you look at the Percentage Decision No. 70-140, CCH EEOC Conclusion (1973) ¶ 6067, which alleged different medication, reliance on an insurance policy against employing fat applicants try discover so you’re able to feel a good pretext to have racial discrimination as the only Black colored individuals was in fact denied to be heavy.
CP, a woman stewardess who was controlled to be over weight, registered a charge alleging that she was being discriminated facing because the off the lady sex where males weren’t susceptible to the brand new plan
Into the Percentage Choice Zero. 76-47, CCH A job Strategies Guide ¶ 6635, in which bad impression was so-called, the fresh Percentage concluded that absent research you to definitely Blacks as the a category, based on an elementary height/pounds chart, proportionally consider over almost every other individuals there’s no cause for concluding your respondent’s inability to hire Black colored people which go beyond the maximum weight limit comprises race discrimination.
Into the Payment Decision No. 76-45, CCH Work Techniques Guide ¶ 6634, where unfavorable impression was also alleged, the newest Commission learned that absent analytical research that Hispanics while the a class weigh proportionally more people off most other national roots, Title VII isn’t violated of the a respondent’s incapacity to hire Hispanics who exceed the most pounds limit.