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 escort backpage El Cajon are involved, the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.)
A harder state involves the imposition of various restrict weight compared so you’re able to peak criteria for males and you may females of the exact same top. In place of minimal level standards where mode additional requirements has been discovered to bring about discrimination (discover § 621.2 over), specific process of law (discover cases quoted below) discovered one mode additional limitation weight standards for men and you may females of the same level will not trigger prohibited discrimination. Indeed, the very maps which are important, and you can that are made use of to establish peak/weight compared in order to human anatomy size incorporate more permissible limitations to own folks when you look at the recognition of one’s emotional differences between the latest several teams. A good 5’7″ son from typical stature would ergo be permitted to weighing proportionally more than a great 5’7″ girl off medium stature for a passing fancy level/pounds chart. The difference in pounds in proportion to help you height out of an excellent 5’7″ woman off highest stature perform of course 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 matter have to will always be non-CDP. Any office out of Legal advice, Information Section is to for this reason getting contacted to possess advice whenever fees built on this subject procedure arise.
(e) Commission Conclusion
Inside Fee Decision Zero. 70-140, CCH EEOC Decisions (1973) ¶ 6067, and therefore so-called different cures, dependence on a policy facing employing fat individuals is found to help you end up being a beneficial pretext to possess racial discrimination due to the fact merely Black individuals had been denied for being heavy.
CP, a woman stewardess who had been controlled to be over weight, registered a fee alleging you to definitely she was being discriminated against just like the from her intercourse in this people just weren’t at the mercy of brand new policy
For the Percentage Choice Zero. 76-47, CCH A job Techniques Guide ¶ 6635, where negative impact is alleged, the new Fee determined that missing research that Blacks while the a class, based on an elementary top/weight graph, proportionally weighing over almost every other people there is absolutely no cause for concluding that the respondent’s inability to hire Black colored individuals which surpass the maximum lbs restriction constitutes competition discrimination.
From inside the Commission Decision Zero. 76-forty five, CCH A position Means Book ¶ 6634, in which unfavorable perception has also been alleged, the brand new Fee discovered that absent analytical proof one to Hispanics given that a beneficial classification weigh proportionally over persons regarding most other federal roots, Label VII is not broken by the a respondent’s inability to employ Hispanics just who meet or exceed the utmost lbs maximum.