(f) Judge Cases
The court in Cox (cited below), when faced with the argument that statistically more women than men exceed permissible height/weight in proportion to body size standards, concluded that, even if this were true, there was no sex discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. Cox v. Delta Air Contours, 14 EPD ¶ 7600 (S.D. Fla. 1976), aff’d https://datingmentor.org/blk-review/, 14 EPD ¶ 7601 (5th Cir. 1976). (See also EEOC v. Delta Heavens Outlines, Inc., ___ F. Supp. ___, 24 EPD ¶ 31,455 (S.D. Tex. 1980), dec. into the rem’d regarding, ___ F.2d ___, 24 EPD ¶ 31,211 (5th Cir. 1980).)
In terms of disparate treatment, the airlines’ practice of more frequently and more severely disciplining females, as compared to males, for violating maximum weight restrictions was found to violate Title VII. Air-line Pilots Ass’n. Worldwide v. United Sky Traces, Inc., 408 F. Supp. 1107, 21 EPD ¶ 30,419 (E.D. N.Y. 1979).
Gerdom v. Continental Air Lines Inc., 692 F.2d 602, 30 EPD ¶ 33,156 (9th Cir. 1982), vacating in part committee opinion inside, 648 F.2d 1223, 26 EPD ¶ 31,921 (9th Cir. 1981). Continuer la lecture de « 621.six Real Energy and you may Feature or Agility »