Analogy (2) – R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. The weight policy applies only to passenger service representatives and stewardesses who are all female. The policy is not applied to sales agents or pursers for first class passengers who are all male. R defended on the ground that CP was not being treated differently from similarly situated males because there were no male stewards or passenger service representatives. Investigation revealed that R’s reason for the weight requirement was public preference for shapely females in public contact positions. Even though the job categories are different in this case, since the jobs are public contact jobs and R is concerned with public preference in such jobs, the males and females are similarly situated. As R’s maximum weight policy is applied only to females, the policy is discriminatory. (Where other than public contact positions are involved, the issue is non-CDP, and the Office of Legal Counsel, Guidance Division should be contacted.)
A more difficult condition requires the imposition of different limitation weight equal in porportion so you’re able to level requirements for men and girls of the exact same peak. In lieu of minimum height standards in which function some other criteria has been seen to bring about discrimination (find § 621.dos significantly more than), some process of law (see instances cited lower than) have discovered that setting more restrict pounds criteria for males and you can female of the identical peak cannot lead to blocked discrimination. In reality, the charts which are important, and you can which can be used to determine height/weight compared so you’re able to human anatomy proportions consist of different permissible constraints to possess men and women inside identification of one’s emotional differences between the fresh new a couple of groups.