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(d) Different Maximum Pounds, Exact same Height and you can Practical Maps –

(d) Different Maximum Pounds, Exact same Height and you can Practical Maps –

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 najlepsze strony erotyczne. 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 tougher condition requires the imposition of various maximum lbs in proportion to level standards for men and you can people of one’s same height. In the place of lowest peak criteria where form different conditions is known to result in discrimination (see § 621.2 over), particular process of law (come across instances cited less than) are finding you to definitely function different restrict lbs requirements for men and you may ladies of the identical level will not produce blocked discrimination. In fact, ab muscles charts being standard, and which can be made use of to ascertain height/weight compared so you’re able to looks proportions consist of more permissible restrictions having everyone when you look at the detection of your physiological differences between this new one or two groups. An effective 5’7″ man out-of medium prominence create hence be allowed to weighing proportionally over a good 5’7″ girl out of typical stature on a single height/weight graph. The difference for the pounds equal in porportion to help you level out of a beneficial 5’7″ lady of large prominence do of course end up being less.

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 need to will still be low-CDP. Work off Legal services, Advice Division would be to hence getting contacted for advice whenever charges dependent about this question occur.

(e) Fee Choices

In the Percentage Choice Zero. 70-140, CCH EEOC Behavior (1973) ¶ 6067, and that so-called disparate procedures, reliance upon an insurance policy against hiring over weight people was discovered so you’re able to be a good pretext to possess racial discrimination given that merely Black applicants was indeed declined for being heavy.

CP, a lady stewardess who was simply controlled for being fat, registered a charge alleging you to she was being discriminated against once the from her gender where boys were not subject to the fresh policy

During the Percentage Choice Zero. 76-47, CCH Employment Means Book ¶ 6635, where negative feeling was so-called, the fresh Fee determined that absent evidence that Blacks since the a course, considering a standard top/lbs graph, proportionally weighing over other people there’s no cause for finishing the respondent’s incapacity to hire Black persons exactly who go beyond maximum pounds maximum comprises competition discrimination.

Within the Percentage Choice Zero. 76-forty-five, CCH A position Means Publication ¶ 6634, where bad impact has also been alleged, this new Fee discovered that missing analytical facts one to Hispanics due to the fact a great category weigh proportionally more people out-of most other federal root, Identity VII is not broken by the an effective respondent’s failure to hire Hispanics just who meet or exceed the utmost lbs limitation.

January 23, 2023

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