(a) General -
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.