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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 challenging problem requires the imposition various limit weight in proportion in order to height conditions for men and you will people of one’s exact same height. Unlike minimum height standards in which form additional requirements has been seen to bring about discrimination (pick § 621.2 more than), specific process of law (see circumstances quoted lower than) found you to definitely means more limit pounds standards for men and you will women of the identical top does not result in banned discrimination. In fact, the maps which can be basic, and you may which can be used to determine level/lbs compared to help you human body proportions have various other permissible constraints getting people into the recognition of the psychological differences between the fresh new a few communities. An excellent 5’7″ child of typical stature would thus be permitted to consider proportionally more than an excellent 5’7″ girl away from medium prominence on the same height/lbs chart. The real difference inside weight in proportion so you can height out of a 5’7″ lady out-of highest stature carry out naturally getting shorter.

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 must are nevertheless non-CDP. Any office out of Legal counsel, Advice Section would be to therefore getting called getting assistance when charges established with this question develop.

(e) Payment Choices

During the Fee Decision Zero. 70-140, CCH EEOC Conclusion (1973) ¶ 6067, and therefore so-called different medication, reliance upon an insurance plan up against employing heavy people is actually discovered so you’re able to become an effective pretext getting racial discrimination given that merely Black colored people was basically declined to be obese.

CP, a female stewardess who was disciplined to be overweight, filed a fee alleging you to definitely she was being discriminated against since the out of the woman intercourse where boys just weren’t at the mercy of the fresh new rules

Inside the Payment Choice Zero. 76-47, CCH A job Strategies Guide ¶ 6635, in which unfavorable effect was so-called, this new Fee determined that missing research one Blacks since a category, predicated on a standard top/lbs graph, proportionally weighing over most other people there’s absolutely no basis for finishing that the respondent’s failure to hire Black colored people which surpass the utmost weight maximum comprises competition discrimination.

When you look at the Fee Decision No. 76-45, CCH Work Methods Book ¶ 6634, where adverse impression was also so-called, this new Fee discovered that absent mathematical proof that Hispanics as a great group weigh proportionally more than persons out-of most other federal sources, Term VII is not blackdatingforfree.com Profily violated by the a good respondent’s incapacity to hire Hispanics exactly who surpass the maximum lbs restrict.