Y. 1978), an authorities department’s applying of some other lowest height criteria for males in lieu of lady is actually discover in order to compose sex discrimination
From inside the Payment Decision Zero. 79-19, CCH A job Techniques Guide ¶ 6749, a masculine, 5’6″ high, challenged the usage the minimum, 5’5″ ladies and you will 5’9″ male, level requirements and you may so-called if the guy was in fact a lady the guy possess eligible for a police cadet updates. This new respondent can either expose good consistent top requisite you to definitely do not have a detrimental effect predicated on battle, gender, otherwise federal provider, otherwise introduce that level specifications comprises a corporate necessity.
Inside the Commission Choice No. 76-31, CCH Work Methods Guide ¶ 6624, the latest Payment located no proof unfavorable impact against people that have value in order to a blank unsupported allegation away from work denial predicated on sex, due to at least peak requisite, in which there clearly was no natural height coverage, with no one had ever before already been denied based on top. Also, there clearly was no proof of disparate medication. The earlier incumbent look at this website, the newest selectee, and also the billing people was indeed most of the people, and there try no evidence one to a smaller male won’t supply already been refused.
The court in U.S. v. Lee-way Engine Luggage, Inc., 7 EPD ¶ 9066 (D.C. Ok. 1973), found that a trucking company’s practice of nonuniform application of a minimum height requirement constituted prohibited race discrimination.
(c) Bad Feeling –
In early decisions, the Commission found that because of national significance, it was appropriate to use national statistics, as opposed to actual applicant flow data, to establish a prima facie case. The Commission also found that many of the employer proffered justifications for imposing minimum height requirements were not adequate to establish a business necessity defensemission Decision No. 71-1529, CCH EEOC Decisions (1973) ¶ 6231; Commission Decision No. 71-2643, CCH EEOC Decisions (1973) ¶ 6286; and Commission Decision No. 71-1418, CCH EEOC Decisions (1973) ¶ 6223. In contrast to the consistently held position of the Commission, some pre-Dothard v. Rawlinson, supra court cases came to different conclusions. Smith v. Troyan, 520 F.2d 492, 10 EPD ¶ 10,263 (6th Cir. 1975); Castro v. Beecher, 459 F.2d 725, 4 EPD ¶ 7783 (1st Cir. 1972). The Supreme Court in Dothard v. Rawlinson, supra, however, agreed with the Commission’s position and used national statistics to find that minimum height and weight requirements were discriminatory and that unsupported assertions about strength were inadequate to constitute a business necessity defense.
The question of what would constitute an adequate business necessity defense so as to entitle the employer to maintain minimum height standards was not addressed by the Court in Dothard v. Rawlinson, supra. On a case-by-case basis, Commission decisions and court cases have determined what things do not constitute an adequate business necessity defense. The EOS should therefore refer to the ples set out in the following section for guidance. Where, however, the business necessity of a minimum height requirement for airline pilots and navigators is at issue, the matter is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted for assistance.
Analogy (1) – R, police department, had a minimum 5’6″ height requirement for police officer candidates. R’s police force was 98% White male, and 2% Black male. There were no female or Hispanic officers, even though the SMSA was 53% female and 5% Hispanic. CPs, female and Hispanic rejected job applicants, filed charges alleging that their rejections, based on failure to meet the minimum height requirement, were discriminatory because their protected groups were disproportionately excluded from consideration. To buttress this argument, they introduced statistics showing that on a national basis, while only 3% of Black or White males were excluded by the 5’6″ requirement, 87% of females and 88% of Hispanics were excluded. This was adequate to meet the charging parties’ burden of establishing a prima facie case. In its defense the respondent had its supervisory personnel testify that the minimum height requirement was necessary for the safe and efficient operation of its business. According to respondent, taller officers enjoyed a psychological advantage and thus would less often be attacked, were better able to subdue suspects, and could better observe field situations. These self-serving, subjective assertions did not constitute an adequate defense to the charge. They did not fairly and substantially relate to the performance of the duties of a police officer. Accord Horace v. City of Pontiac, 624 F.2d 765, 23 EPD ¶ 31,069 (6th Cir. 1980), and Innovative Justice Community Inc. v. Hughes, 471 F. Supp. 670, 20 EPD ¶ 30,077 (D.C. Md. 1979).