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 harder state requires the imposition various maximum lbs in proportion in order to level requirements for males and you may people of the exact same peak. In lieu of minimum height criteria in which means some other criteria has been seen to bring about discrimination (come across § 621.dos above), some courts (pick instances cited less than) have found one function more limitation pounds conditions for men and you may people of the same peak doesn’t lead to prohibited discrimination.