That it file is intended only to bring clearness into social off current requirements beneath the laws or service procedures
The new contents of so it document don’t have the force and effect of legislation and they are not meant to bind anyone in any way.
(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., site 401 U.S. 424, 3 EPD ¶ 8137 (1971).
(b) Evaluating Level and you will Pounds Costs –
All means discussed from inside the § 604, Ideas off Discrimination, might possibly be relevant into the examining level and you can weight charge. Decided times and you can conclusion enjoys cared for each other disparate treatment and you will adverse perception analyses, sufficient reason for discrimination considering sex, federal resource, and to a lowered the total amount, race.Read More »That it file is intended only to bring clearness into social off current requirements beneath the laws or service procedures