Published 08 Jun 2017
The issue here is whether or Susan can rightfully claim that the regulations of Widgets, Inc, requiring height and weight requirements constitutes discrimination in violation of the provisions of the Civil Rights Act. An examination of the facts reveals that Widget justifies its regulations on basis that there is a need for these requirements in order to carry out the job. The specifications are to ensure that the delivery drivers are able to carry to load of their deliveries efficiently and effectively without causing undue stress or danger to its employees. The claim of Susan, on the other hand, can be assumed to be based on the fact that this is discriminatory as she claims that height and weight are not essential requisites for carrying out the job and therefore are preventing her from being gainfully employed, contrary to the provisions of the Civil Rights Act which does not allow for arbitrary weight and height requirements.
Susan’s claim has no basis unless it can be proven that the weight and height requirements were made arbitrarily. The law is clear that requirements can be specified especially as qualifications for a job when it can be shown that these are neither arbitrary nor discriminatory so as to constitute a violation of the Civil Rights Act. As ruled by the court in the case of Dothard v Rawlinson, arbitrary weight and height requirements run contrary to the spirit of the Civil Rights Act and the Equal Opportunity Laws because they prevent otherwise qualified and competent individuals from gainful employment. As such, there is no basis for the claim of Susan because it is clear that the height and weight requirements here are necessary and not arbitrary.
If it is shown, however, that the reason for implementing is arbitrary and is merely meant to frustrate the rights of Susan, she can claim for damages and demand to be hired for the said position. The law allows for remedies and recovery for damages. Additionally, if Susan wishes she can be compensated if she feels that hiring her will cause damage with the relationship with the employer due to the complications arising out of the case.