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(a) Standard –

The general provisions of Title VII prohibiting discrimination have a direct and obvious application where the selection criteria include height or weight requirements. * As an example, national statistics indicate that females on average are not as tall and do not weigh as much as males. The result is that, if meeting a minimum height or weight limit is a requirement for employment, these protected group members will most likely be disproportionately excluded as compared to their actual numbers in the population. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. According to the Supreme Court, this constitutes the sort of artificial, arbitrary, and unnecessary barrier to employment that Title VII was intended to remove or eliminate. Dothard v. Rawlinson, 433 U.S. 321, 14 EPD ¶ 7632 (1977); citing Griggs v. Duke Energy Co., 401 U.S. 424, 3 EPD ¶ 8137 (1971).

(b) Viewing Top and you will Pounds Fees –

Some of the steps discussed from inside the § 604, Theories away from Discrimination, could be applicable within the examining level and you will lbs charge. Felt like circumstances and you can decisions provides taken care of both different treatment and you may adverse impact analyses, with discrimination predicated on intercourse, national source, and to less the amount, competition.

(1) Different Therapy Studies – The disparate treatment analysis is typically applicable where the respondent has a height or weight requirement, but it is only enforced against one protected group or class and not against others.