(f) Courtroom Circumstances
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 Air Contours, 14 EPD ¶ 7600 (S.D. Fla. 1976), aff’d, 14 EPD ¶ 7601 (5th Cir. 1976). (See also EEOC v. Delta Sky Traces, Inc., ___ F. Supp. ___, 24 EPD ¶ 31,455 (S.D. Tex. 1980), dec. towards rem’d regarding, ___ 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. Global v. United Heavens Traces, 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 opinion in 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 Air Contours Inc., 430 F. Supp. 884, 17 EPD ¶ 8462 (E.D. Va. 1977), aff’d each 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 Relationship out-of Trip Attendants v. Ozark Air Contours, 470 F. Supp. Dating Over 60 service 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 –
Real stamina standards due to the fact discussed in this section vary away from minimum strength training criteria that are discussed for the § 625, BFOQ. The latest actual fuel conditions discussed right here involve situations where proportional, minimal top/pounds standards are believed a good predictor otherwise way of measuring real strength, rather than the capability to elevator a particular certain minimum pounds.
Unlike proportional, minimal, height/pounds conditions or dimensions given that a foundation to possess screening candidates, companies and additionally will get make an effort to believe in certain real ability or speed screening. This new imposition of such assessment can result in the fresh new exemption from a great disproportionate amount of female in order to a lower life expectancy extent most other protected groups considering sex, federal supply, or battle.
(b) Actual Fuel and you can Size Conditions –
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.”
Analogy (1) – Prison 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.