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 more difficult condition involves the imposition of various maximum weight equal in porportion so you’re able to top conditions for men and you can females of your own exact same height. Rather than lowest peak requirements where mode more criteria has been seen to result in discrimination (discover § 621.2 a lot more than), specific process of law (select times cited less than) have found that form other restriction weight standards for men and you can female of the same level does not result in banned discrimination. In reality, the maps which can be practical, and you will that are relied on to ascertain height/pounds equal in porportion to human anatomy size incorporate more permissible limitations Baltimore escort service to have someone within the recognition of your own emotional differences when considering the latest a couple communities. An excellent 5’7″ man out-of average prominence create ergo be allowed to weigh proportionally more a beneficial 5’7″ woman out-of medium prominence on the same top/lbs graph. The difference into the weight compared to help you level of a good 5’7″ lady of high prominence create of course end up being faster.
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 have to are still non-CDP. Any office out of Legal advice, Advice Department is always to ergo getting contacted to own recommendations when fees dependent on this subject topic develop.
(e) Payment Choices
Inside the Commission Decision No. 70-140, CCH EEOC Conclusion (1973) ¶ 6067, and that so-called different treatment, reliance on a policy facing choosing over weight candidates try found in order to become an excellent pretext to have racial discrimination once the only Black colored individuals was in fact denied if you are overweight.
CP, a woman stewardess who was self-disciplined if you are heavy, recorded a fee alleging one to she had been discriminated up against as the out of the lady intercourse where males weren’t at the mercy of the latest coverage
From inside the Payment Decision No. 76-47, CCH Employment Techniques Book ¶ 6635, where unfavorable impact was alleged, the fresh Fee determined that missing evidence that Blacks while the a category, considering a standard top/weight graph, proportionally weigh over most other individuals there isn’t any cause for concluding that respondent’s inability to hire Black individuals just who surpass the utmost weight restriction comprises battle discrimination.
During the Commission Choice No. 76-45, CCH Work Methods Book ¶ 6634, in which adverse impression was also so-called, brand new Commission found that missing statistical proof you to definitely Hispanics given that an effective class weigh proportionally over individuals regarding almost every other national origins, Name VII is not broken by a good respondent’s inability to employ Hispanics which surpass the utmost pounds restriction.