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 difficult problem involves the imposition various limit weight compared to peak requirements for men and you can female of one’s same top. Rather than minimum level standards in which form some other requirements has been seen to effect a result of discrimination (see § 621.2 above), certain courts (select cases cited lower than) are finding that form more limitation lbs requirements for men and you may girls of the same peak doesn’t end up in blocked discrimination. Actually, the actual charts which can be important, and you can which are relied on to establish peak/pounds compared to help you human body size have various other permissible limits to possess men from inside the recognition of your emotional differences when considering the newest a few communities. An effective 5’7″ son from medium prominence do for this reason be allowed to consider proportionally over a great 5’7″ girl from typical prominence on a single height/pounds chart. The real difference inside lbs compared to help you height out of an effective 5’7″ girl off highest prominence manage however become reduced.

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 visit the site here, 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 dilemma need to continue to be low-CDP. Work regarding Legal services, Pointers Section will be thus getting contacted getting recommendations when costs built with this question develop.

(e) Percentage Conclusion

From inside the Percentage Decision Zero. 70-140, CCH EEOC Behavior (1973) ¶ 6067, and therefore so-called different therapy, reliance on a policy against hiring fat candidates is found to help you be a great pretext getting racial discrimination as just Black colored individuals was indeed refused for being fat.

CP, a woman stewardess who was controlled for being heavy, submitted a charge alleging you to definitely she was being discriminated up against while the out of the lady sex in that boys weren’t susceptible to the fresh policy

Inside Fee Choice Zero. 76-47, CCH Work Practices Book ¶ 6635, in which unfavorable impact was so-called, the brand new Percentage concluded that missing research one Blacks since a category, according to an elementary height/weight chart, proportionally weigh over other persons there is absolutely no cause for concluding that the respondent’s inability to employ Black colored persons which go beyond maximum pounds restrict comprises race discrimination.

Inside the Commission Choice No. 76-45, CCH Work Techniques Publication ¶ 6634, where unfavorable impact has also been so-called, this new Payment discovered that missing mathematical proof you to Hispanics once the a group weighing proportionally over people of almost every other federal origins, Term VII is not violated by a good respondent’s incapacity to employ Hispanics exactly who go beyond the utmost weight restrict.