(d) Different Maximum Weight, Exact same Top and you can Important Charts –

(d) Different Maximum Weight, Exact same Top and you can Important Charts –

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 https://datingmentor.org/baptist-dating/ 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 situation involves the imposition of various maximum pounds compared in order to peak conditions for men and you may females of one’s same peak. Rather than minimal peak conditions where setting different conditions is known to effect a result of discrimination (pick § 621.2 a lot more than), some courts (discover times quoted less than) discovered you to definitely mode more restrict weight criteria for men and you may females of the identical peak will not end up in prohibited discrimination. Actually, ab muscles charts which are important, and you may being relied on to ascertain peak/weight equal in porportion to looks proportions consist of some other permissible restrictions getting folk when you look at the identification of your own physiological differences when considering brand new a couple groups. A 5’7″ boy out of medium prominence do thus be permitted to weighing proportionally over an excellent 5’7″ girl regarding average stature on a single height/lbs chart. The real difference in the pounds in proportion to top out of a 5’7″ woman out-of higher prominence carry out however feel 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 need to are nevertheless low-CDP. The office out of Legal advice, Advice Section should hence be called having direction whenever charge centered on this matter arise.

(e) Payment Behavior

Inside Payment Choice No. 70-140, CCH EEOC Conclusion (1973) ¶ 6067, and this so-called different therapy, reliance upon an insurance policy facing hiring heavy individuals try located so you’re able to end up being an effective pretext to own racial discrimination as only Black colored candidates was basically refuted if you are over weight.

CP, a female stewardess who was simply controlled if you are over weight, filed a fee alleging one she had been discriminated facing due to the fact out of her intercourse in that males weren’t subject to the new rules

From inside the Fee Decision Zero. 76-47, CCH A job Methods Publication ¶ 6635, in which adverse impression was alleged, the newest Commission determined that absent evidence that Blacks due to the fact a category, based on an elementary height/weight chart, proportionally weighing more than almost every other individuals there isn’t any reason for finishing your respondent’s inability to engage Black individuals just who meet or exceed the most weight maximum comprises competition discrimination.

For the Payment Choice No. 76-45, CCH A job Methods Publication ¶ 6634, in which unfavorable impact was also so-called, new Commission discovered that missing analytical evidence one to Hispanics just like the an excellent group weigh proportionally more than individuals of other federal roots, Title VII isn’t broken by a beneficial respondent’s incapacity to engage Hispanics just who exceed the utmost pounds maximum.

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