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 should be contacted.)
A harder disease requires the imposition various maximum lbs in proportion to height conditions for men and you can girls of your same height. Instead of lowest height requirements in which mode additional standards has been found to bring about discrimination (see § 621.dos above), specific courts (pick instances quoted lower than) discovered you to definitely function more restriction lbs conditions for men and you will people of the identical height does not lead to blocked discrimination. In fact, the very charts that are basic, and which can be made use of to ascertain top/pounds equal in porportion to help you human body dimensions include more permissible restrictions to have men and women when you look at the identification of mental differences between new several groups. Good 5’7″ son out-of typical stature would for this reason be allowed to weigh proportionally over an excellent 5’7″ woman out of typical stature on the same peak/pounds graph. The real difference for the pounds equal in porportion so you can level regarding a beneficial 5’7″ girl out of high prominence perform of course 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 problem need will always be non-CDP. Work regarding Bellevue escort twitter Legal counsel, Information Office should ergo end up being called to own advice whenever costs depending on this issue happen.
(e) Percentage Behavior
During the Percentage Choice Zero. 70-140, CCH EEOC Decisions (1973) ¶ 6067, and that alleged disparate treatment, reliance on a policy up against employing over weight individuals are located so you can getting a good pretext for racial discrimination as the merely Black applicants have been denied for being heavy.
CP, a lady stewardess who was self-disciplined if you are heavy, submitted a fee alleging one she was being discriminated facing since from the woman intercourse in this males were not subject to the fresh plan
From inside the Commission Decision Zero. 76-47, CCH Work Practices Publication ¶ 6635, where unfavorable effect try alleged, the fresh Fee concluded that absent facts you to definitely Blacks given that a class, predicated on a standard level/weight graph, proportionally weighing more most other individuals there is no basis for concluding that respondent’s incapacity to engage Black colored individuals which surpass the maximum pounds maximum constitutes battle discrimination.
When you look at the Percentage Choice No. 76-forty-five, CCH Employment Practices Book ¶ 6634, where bad effect has also been so-called, new Payment learned that absent statistical proof one Hispanics as a great class consider proportionally more than people off almost every other federal sources, Title VII isn’t broken by the good respondent’s failure to hire Hispanics just who go beyond the most pounds restrict.
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