Example (3) – County Troopers – As with police departments, applying minimum size requirements to applicants for state trooper jobs violates Title VII, unless the respondent can establish that the requirements are necessary for the safe and efficient operation of its business. (See You.S. vmonwealth out-of Virginia, 454 F. Supp. 1077, 18 EPD ¶ 8779 (E.D. Va. 1978) which was decided under the 1973 Crime Control Act with reliance on the principles of Griggs v. Duke Power Co., 401 U.)
(c) Bodily Ability otherwise Agility Testing –
In other instances, instead of relying upon minimum proportional height/weight standards as a measure of strength, the respondents have abolished height and weight standards and have installed in their place physical ability tests. Harless v. Duck, 619 F.2d 611, 22 EPD ¶ 30,871 (6th Cir. 1980); Blake v. City of Los angeles, 595 F.2d 1367, 19 EPD ¶ 9251 (9th Cir. 1979). If the charging party can establish a prima facie case of discrimination by showing that the particular physical ability tests disproportionately excluded a protected group or class from employment, the burden shifts to the respondent to show that the requirements are a business necessity and bear a manifest relationship to the employment in question. Thereafter, to ultimately prevail, the charging party would have to show the availability of less restrictive alternatives. (For a further discussion of this and related problems, the EOS https://datingmentor.org/local-hookup/dubbo/ should consult the Uniform Guidelines on Employee Selection Procedures at 29 C.F.R. § 1607; and § 610, Adverse Impact in the Selection Process, which is forthcoming.)
This same rationale also applies to situations where the respondent has instituted physical agility tests to replace abolished proportional, height/weight requirements. Officials having Fairness v. Municipal Services Fee, 335 F. Supp. 378, 11 EPD ¶ 10,618 (N.D. Cal. 1975). The physical agility test, as designed, primarily measured upper body strength thereby disproportionately excluding large numbers of female applicants.
Example (1) – R, a police department, formerly screened job applicants by strict adherence to proportional minimum height/weight requirements under the assumption that tall, well-built officers were physically stronger and therefore better able to perform all the duties of the job. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6′ and 170 lbs. standard, R replaced the height/weight requirement with a physical ability/agility test. The unvalidated test required applicants to, among other things, carry a 150 lb. sandbag up a flight of stairs and scale a 14-foot log wall. Out of the next class of 150 applicants, 120 men and 30 women, only two women passed the wall requirement, and none passed the sandbag requirement. In contrast, 5 of the men failed both requirements. CP, a female who passed the wall, but not the sandbag requirement, filed a charge alleging sex discrimination because the physical ability/agility test disproportionately excludes large numbers of women and is not justified by business necessity.
Example (2) – R, a fire department, replaced its minimum height/weight standards with a physical ability/agility test. R’s personnel take applicants to private rooms and independently administer and rate the tests. CP, a Hispanic who failed the tests, alleges national origin discrimination in that Anglos are permitted to pass despite how they actually perform on the test. Investigation revealed nonuniform application of the tests. In some cases, Anglos testified that they were not aware of the existence of the physical ability/agility tests.
621.seven Attention regarding Investigation –
Listed below are simply ideal areas of inquiry into EOS to aid in his/their analysis and you can studies off costs alleging discriminatory use of peak and you may weight requirements. Having a far more thorough dialogue regarding investigative processes, the newest EOS is demand § 602, How exactly to Take a look at the.