In Blake v. City of Los angeles, 595 F.2d 1367, 19 EPD ¶ 9251 (9th Cir. 1979), the court looked at Dothard, supra and concluded that the plaintiffs established a prima facie case of sex discrimination by demonstrating that the height requirement resulted in the selection of applicants in a significantly discriminatory pattern, we.age., 87% of all women, as compared to 20% of all men, were excluded. This was sufficient to establish a prima facie case without a showing of discriminatory intent. The court was not persuaded by respondent’s argument that taller officers have the advantage in subduing suspects and observing field situations, so as to make the height requirement a business necessity.
(a) Standard –
Many height statutes for employees such as police officers, state troopers, firefighters, correctional counselors, flight attendants, and pilots contain height ranges, elizabeth.g., 5’6″ to 6’5″. Although, as was suggested in § 621.2 above, many Commission decisions and court cases involve minimum height requirements, few deal with maximum height requirements. It is nonetheless conceivable that charges could be brought challenging a maximum height requirement as discriminatory. Such charges might Billings MT escort review have the following form.
Analogy (1) – R, police force, has a maximum height requirement of 6’5″. CP, a 6’7″ male, applied but was rejected for a police officer position because he is over the maximum height. CP alleges that this constitutes discrimination against him because of his sex (male) because of national statistics which show that women are on average shorter than men. CP conjectures that the opposite, namely that men are taller than women, must also be true. Accordingly, men must be disproportionately excluded from employment by a maximum height requirement, in the same manner as women are disproportionately excluded from employment by a minimum height requirement.
Analogy (2) – R, airlines, has a maximum 6’5″ height requirement for pilots. CP, a 6’6″ Black candidate for a pilot trainee position, alleges that he was rejected, not because he exceeded the maximum height, but because of his race (Black). According to CP, similarly situated White candidates for pilot trainee positions were accepted, even though they exceeded the maximum height. Investigation revealed that R did in fact accept and train Whites who were over 6’5″ and that R employed White pilots who exceeded the maximum height. R had no Black pilots, and no Blacks were accepted as pilot trainees.
Just like the more than advice strongly recommend, charges could well be presented centered on different medication or bad perception related to a maximum level requirements, and also the Percentage will have jurisdiction over the question of the charges.
(b) Different Procedures –
Different cures occurs when a safe class or group affiliate is actually handled faster definitely than many other similarly based personnel getting factors banned lower than Name VII. (Pick § 604, Concepts off Discrimination.) It earliest concept is applicable to costs involving limitation top conditions. Hence, missing a legitimate, nondiscriminatory reasoning, discrimination might result on the imposition of different restriction level standards if any restrict top requirements to possess women in lieu of similarly established men personnel. (Understand the advice within the § 621.3(a), over.)
Even though there are not any Fee choices speaing frankly about disparate medication as a consequence of accessibility a max peak criteria, the brand new EOS may use the fundamental disparate medication studies set forth during the § 604, Concepts out-of Discrimination, to answer such fees so when a guide to creating the new LOD.
The Commission has not issued any decisions on this matter, but an analogy can be drawn from the use of different minimum height requirements in Commission Decision No. 79-19, supra.
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