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Wyoming Sex Discrimination and Height

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In Wyoming, can I set a minimum height requirement for hiring security guards? What is the difference between sexual harassment and a hostile working environment?

To address your question about the differences between sexual harassment and a hostile working environment first:

A hostile work environment is one form of sexual discrimination. It refers to being the target of abusive or offensive behavior because of gender. An example is the case of a female firefighter who found pictures of nude women in her mailbox at work every day over a 6-month period. Creating a hostile workplace environment need not be based in sexual behavior or physical contact. If what is called a “reasonable person” of the gender affected believes the workplace is abusive or hostile, then the legal test is met.

Sexual harassment in its other form refers to sexual advances or sexually based physical or verbal behavior. It also refers to situations where employers put quid pro quo pressure on an employee. In other words, the employee feels pressured to agree to sexual demands in order to keep a job or gain an advantage, or to avoid some form of negative outcome.

Now for your question about setting a minimum height requirement for hiring security guards:

The answer to that question is, no.

Title VII of the Civil Rights Act of 1964 prohibits it. Any policy or any practice that would curtail the opportunities of an employee who is a member of a protected group would probably be against the law, regardless of whether your as employer had any intention to discriminate. Title VII makes it illegal to discriminate on the job whether in the case of color, national origin, sex, religion or race.

How does that apply to height? Well, court cases have found that setting a minimum height would eliminate many women as well as people of certain ethnicities or national origins. That would make it a violation of Title VII.

If there is some other test to determine performance on the job, then the height requirement can be challenged. An obvious test for security guards, already used for police, firefighters, and paramedics, among others, is a test of stamina and strength. JH