Январь 19th, 2023 
admin 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 difficult condition involves the imposition various limitation lbs in proportion so you can height criteria for men and you may girls of one’s same height. In the place of minimal top requirements in which means different criteria has been discovered to result in discrimination (discover § 621.2 above), particular courts (see circumstances cited below) have discovered you to definitely mode different limit lbs criteria for males and you will females of the same level will not end up in banned discrimination. In reality, ab muscles charts that are important, and you can which are relied on to determine peak/weight in proportion to help you muscles size consist of various other permissible constraints to possess people from inside the detection of your own mental differences when considering this new a couple organizations. A beneficial 5’7″ man out of typical prominence create thus be allowed to consider proportionally more a great 5’7″ girl out-of average stature on the same top/weight chart. The real difference inside weight https://datingmentor.org/dating/ compared to peak out-of a 5’7″ woman out-of large stature do of course feel 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 need to are still non-CDP. The office from Legal counsel, Information Office is always to thus be called to possess assistance whenever fees created on this matter happen.
(e) Payment Behavior
Within the Commission Choice No. 70-140, CCH EEOC Choices (1973) ¶ 6067, and therefore so-called disparate procedures, reliance upon a policy up against choosing over weight applicants try discovered in order to feel good pretext getting racial discrimination as simply Black colored individuals have been refuted to be overweight.
CP, a lady stewardess who was simply self-disciplined to be over weight, recorded a charge alleging you to she had been discriminated up against just like the of their intercourse for the reason that males weren’t susceptible to the fresh new rules
During the Percentage Decision Zero. 76-47, CCH Employment Means Publication ¶ 6635, where negative effect was alleged, brand new Payment determined that missing proof one to Blacks because a category, predicated on a simple top/weight chart, proportionally weigh more than almost every other people there’s no basis for concluding the respondent’s failure to engage Black people who surpass the most weight limit constitutes race discrimination.
Within the Commission Choice No. 76-forty five, CCH Employment Means Guide ¶ 6634, where adverse perception has also been alleged, new Percentage found that absent mathematical research one to Hispanics because the a beneficial classification consider proportionally over people away from other federal sources, Name VII is not violated from the an excellent respondent’s incapacity to employ Hispanics whom meet or exceed the maximum weight restriction.
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