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 tougher situation requires the imposition various maximum pounds equal in porportion in order to level standards for men and you can female of one’s same datingmentor.org/dating-by-age level. Rather than lowest height criteria where form various other conditions has been discovered to effect a result of discrimination (come across § 621.2 over), specific courts (look for instances cited less than) found one form more limit weight criteria for males and you may girls of the same level cannot bring about prohibited discrimination. In reality, the charts which happen to be standard, and being made use of to determine peak/lbs in proportion to help you human body dimensions incorporate other permissible limits having individuals inside the recognition of psychological differences when considering the new several communities. An excellent 5’7″ son of typical prominence carry out for this reason be permitted to weighing proportionally over a great 5’7″ lady out of medium stature on a single height/pounds chart. The difference within the pounds in proportion so you’re able to height away from an excellent 5’7″ woman of highest stature manage without a doubt be quicker.

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 issue need certainly to remain non-CDP. Any office regarding Legal counsel, Information Office will be hence end up being called for advice whenever fees dependent with this material arise.

(e) Fee Conclusion

During the Percentage Decision No. 70-140, CCH EEOC Choices (1973) ¶ 6067, hence alleged different procedures, reliance upon a policy up against employing heavy applicants is discovered in order to feel a great pretext to possess racial discrimination as the just Black colored applicants was indeed refuted for being over weight.

CP, a female stewardess who was controlled if you are over weight, recorded a fee alleging you to she was being discriminated up against as regarding the lady gender for the reason that guys weren’t subject to the newest policy

Within the Percentage Decision No. 76-47, CCH A job Methods Publication ¶ 6635, where unfavorable feeling is actually alleged, brand new Commission concluded that missing proof one to Blacks once the a course, according to a standard peak/weight graph, proportionally consider more than almost every other individuals there isn’t any cause for finishing that respondent’s incapacity to hire Black colored persons just who go beyond the most weight limitation constitutes race discrimination.

From inside the Payment Choice Zero. 76-forty five, CCH Work Methods Publication ¶ 6634, where bad perception was also so-called, new Commission learned that missing analytical proof one to Hispanics since the a category weigh proportionally more people of most other national origins, Term VII is not violated because of the a respondent’s inability to employ Hispanics which go beyond the most pounds restrict.