(f) Court Times
The court in Cox (cited below), when faced with the argument that statistically more women than men exceed permissible height/weight in proportion to body size standards, concluded that, even if this were true, there was no sex discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. Cox v. Delta Sky Traces, 14 EPD ¶ 7600 (S.D. Fla. 1976), aff’d, 14 EPD ¶ 7601 (5th Cir. 1976). (See also EEOC v. Delta Heavens Lines, Inc., ___ F. Supp. ___, 24 EPD ¶ 31,455 (S.D. Tex. 1980), dec. towards the rem’d from, ___ F.2d ___, 24 EPD ¶ 31,211 (5th Cir. 1980).)
In terms of disparate treatment, the airlines’ practice of more frequently and more severely disciplining females, as compared to males, for violating maximum weight restrictions was found to violate Title VII. Air-line Pilots Ass’n. In the world v. Joined Sky Contours, Inc., 408 F. Supp. 1107, 21 EPD ¶ 30,419 (E.D. N.Y. 1979).
Gerdom v. Continental Sky Traces Inc., 692 F.2d 602, 30 EPD ¶ 33,156 (9th Cir. 1982), vacating in part panel viewpoint from inside the, 648 F.2d 1223, 26 EPD ¶ 31,921 (9th Cir. 1981).
Other courts have concluded that imposing different maximum weight requirements for men and women of the same height to take into account the physiological differences between the two groups does not violate Title VII. Jarrell v. East Sky best hookup app for black guys Traces Inc., 430 F. Supp. 884, 17 EPD ¶ 8462 (E.D. Va. 1977), aff’d for every single curiam, 577 F.2d 869, 17 EPD ¶ 8373 (4th Cir. 1978).
In terms of health concerns, at least where different charts are used potentially rendering compliance by females more difficult and a health hazard, reference should be made to Organization out of Flight Attendants v. Ozark Air Contours, 470 F. Supp. 1132, 19 EPD ¶ 9267 (N.D. Ill. 1979). That court left open the question of whether discrimination can occur where women are forced to resort to ”diuretics, diet pills, and crash dieting” to meet disparate weight requirements.
(a) General –
Actual power criteria as discussed in this part are very different from lowest strength training standards being discussed inside the § 625, BFOQ. The latest bodily strength standards discussed right here encompass situations where proportional, minimum level/pounds standards are thought good predictor otherwise measure of physical fuel, as opposed to the capability to lift a particular particular minimum lbs.
As opposed to proportional, minimal, height/weight conditions or proportions because a basis to possess evaluation people, companies and will get you will need to have confidence in some physical ability or speed evaluation. The imposition of these tests can lead to new difference from an effective disproportionate quantity of women and also to a diminished the quantity almost every other protected organizations based on sex, national origin, or battle.
(b) Real Stamina and you can Dimensions Requirements –
In many instances such as in Dothard v. Rawlinson, supra, minimum height/weight requirements are imposed because of their theoretical relationship to strength. Impliedly, taller, heavier people are also physically stronger than their shorter, lighter counterparts. However, such comparisons are simply unfounded. And, the Court in Dothard accordingly suggested that ”[i]f the job-related quality that the [respondents] identify is bona fide, their purpose could be achieved by adopting and validating a test for applicants that measures strength directly.”
Example (1) – Jail Correctional Advisors – In Dothard v. Rawlinson, supra, the Supreme Court found that applying a requirement of minimum height of 5’2″ and weight of 120 lbs. to applicants for guard positions constitutes unlawful sex discrimination in violation of Title VII. Relying on national statistics, the Court reasoned that over forty (40) percent of the female population, as compared with only one percent of the male population, would be excluded by the application of those minimum requirements. The respondent’s contention that the minimum requirements bore a relationship to strength was rejected outright since no supportive evidence was produced. The Court suggested that, even if the quality was found to be job related, a validated test which directly measures strength could be devised and adopted.
