Pelícano N°216-11 CDMX
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, i.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, age.grams., 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.
Analogy (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.
Analogy (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 best bbw hookup sites 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.
Given that a lot more than instances strongly recommend, charges could be presented centered on disparate therapy otherwise unfavorable effect involving an optimum top requisite, together with Percentage would have legislation along side matter-of the latest fees.
(b) Different Medication –
Different medication occurs when a safe class otherwise group member is actually addressed less definitely than other similarly centered employees to have reasons blocked not as much as Term VII. (Look for § 604, Theories from Discrimination.) This basic principle enforce so you’re able to charges associated with restriction height criteria. Ergo, absent a legitimate, nondiscriminatory need, discrimination might result on imposition of various maximum peak conditions or no limitation top standards for people in lieu of similarly centered men team. (Understand the examples for the § 621.3(a), significantly more than.)
Even though there are not any Fee decisions writing about different therapy due to accessibility a max height specifications, the latest EOS may use the fundamental disparate medication investigation set forth inside the § 604, Ideas from Discrimination, to resolve such charge and also as the basics of writing the brand new 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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