Restrict top criteria create, obviously, preclude the latest employing of people along the specified maximum top

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Restrict top criteria create, obviously, preclude the latest employing of people along the specified maximum top

In Blake v. Town 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.e., 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, e.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 the more than instances recommend, charge would be presented predicated on different procedures otherwise unfavorable impression related to an optimum level requirement, while the Fee could have legislation over the question of the brand new fees.

(b) Different Therapy –

Disparate medication happens when a protected classification or classification associate was addressed shorter positively than other also based personnel to possess reasons blocked not as much as Title VII. (Get a hold of § 604, Theories out of Discrimination.) So it earliest principle enforce so you’re able to costs related to limitation level conditions. Therefore, absent a valid, nondiscriminatory cause, discrimination can result regarding the imposition of various limit level criteria or no restrict level criteria to own women instead of furthermore founded male personnel. (Comprehend the examples inside § 621.3(a), more than.)

Although there are no Commission choices speaking about disparate cures as a result of the means to access a maximum top specifications, the new EOS can use the basic disparate procedures data set forth within the § 604, Theories of Discrimination, to answer such as for example charge and as the basics of drafting 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.