(a) General –

These jobs include police officers, state troopers, flight attendants, lifeguards, firefighters, correctional officers, and even production workers and lab aides. Reasons for these minimum height standards are as varied as the employers, ranging from assumptions of public preferences for taller persons, to paternalistic notions regarding women, to assumptions that taller persons are physically stronger. The overall effect, however, is to disproportionately exclude women, Hispanics, and certain Asians from employment because on average they are shorter than males or members of other national origins or races. The resultant disproportionate exclusion or adverse impact can, based on national statistics, constitute a prima facie case of discrimination. The employer, if it wants beetalk apk hile to retain the requirements, must show that they constitute a business necessity without which the business could not safely and efficiently be performed. And, if a job validity study is used to show that the practice is a business necessity, the validity study should include a determination of whether there are alternatives that have less of an adverse impact. The employer must use the least restrictive alternative.

This problem was handled in detail inside the § 610, Negative Impression from the Choices Processes. The new EOS also needs to make reference to brand new Consistent Advice towards Worker Possibilities Steps which can be reprinted because a keen appendix so you’re able to § 610.

Minimum height requirements can also result in disparate treatment of protected group or class members if the minimum requirements are not uniformly applied, e.grams. Consulte mais informação