Analogy (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 state requires the imposition of different restrict lbs equal in porportion to help you height requirements for males and you can ladies of your exact same level. In the place of lowest level standards where form different conditions has been seen to result in discrimination (select § 621.2 a lot more than), some courts (pick circumstances cited below) discovered that function other maximum pounds standards for males and you may lady of the identical peak doesn’t end in blocked discrimination. Indeed, the charts which happen to be practical, and you may which happen to be made use of to determine top/lbs compared so you can human body size incorporate other permissible constraints to have folk from inside the recognition of physiological differences between this new one or two groups. A great 5’7″ child off typical prominence carry out therefore be permitted to weigh proportionally over good 5’7″ lady from average prominence on a single height/lbs graph. The real difference inside the weight equal in porportion in order to peak regarding an effective 5’7″ girl of higher stature create definitely Birmingham escort girl become 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 problem need certainly to remain low-CDP. Work out-of Legal counsel, Pointers Office is to for this reason getting called having direction whenever costs founded about this procedure develop.
(e) Commission Decisions
Within the Commission Choice Zero. 70-140, CCH EEOC Decisions (1973) ¶ 6067, hence alleged disparate medication, reliance upon an insurance plan facing choosing heavy candidates is receive in order to become an effective pretext to own racial discrimination as just Black applicants was declined for being obese.
CP, a female stewardess who had been self-disciplined for being fat, filed a charge alleging one to she was being discriminated facing as the from the lady sex where boys weren’t susceptible to the new policy
In the Percentage Decision No. 76-47, CCH Work Strategies Publication ¶ 6635, in which unfavorable feeling was so-called, new Payment determined that absent research you to Blacks given that a category, predicated on a simple height/pounds graph, proportionally consider more other persons there isn’t any cause for finishing that respondent’s incapacity to hire Black colored persons just who meet or exceed the most lbs restrict comprises race discrimination.
For the Payment Decision Zero. 76-forty five, CCH A career Methods Book ¶ 6634, in which unfavorable impression was also alleged, the new Payment unearthed that missing analytical research one to Hispanics since a good classification weighing proportionally more than individuals out-of other federal root, Identity VII isn’t broken by the good respondent’s failure to hire Hispanics which surpass the most pounds restriction.