(a) Standard –
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 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 DГјz kenar tanД±Еџma sitesi 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 issue try managed in more detail during the § 610, Bad Impression throughout the Options Process. The newest EOS must also refer to the newest Uniform Recommendations into the Personnel Alternatives Methods being reprinted because a keen appendix in order 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, elizabeth.grams., where the employer applies a minimum 5’8″ height requirement strictly to exclude Black applicants, while liberally granting exceptions to White applicants. The same is true if there are different requirements for different group or class members, elizabeth.grams. Continue reading « For some sorts of work minimum level requirements was basically dependent of the companies »