Human Resource Blog

Kansas Sex Discrimination and Height

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

The scenario of height limit has been tried in court on several occasions. Consider that setting a minimum height of six feet excludes the majority of women, and many persons from certain ethnic groups and nationalities. Title VII of the Civil Rights Act o 1964 prohibits discrimination in the workplace against race, color, gender, nationality and religion.

So, according to Title VII, an employment practice that limits work opportunities for any of these protected groups is most likely against the law.

If the employer can prove a legitimate business need for a height requirement, then the practice may be allowed. The U. S. Department of Labor states that the employer must provide proof that job function can not be met in any other way. Controlling a piece of equipment, for instance, where the controls could only be reached by someone over six feet tall might be a legitimate scenario.

When considering security guards for employment perhaps you can establish a policy similar to the hiring practices of police and fire departments. These departments require regular tests of strength and stamina for their employees, because of the physical requirements of the job. This test doesn’t discriminate or exclude anyone because of their gender, race or nationality.

Hostile working environment is usually associated with cases of sexual harassment. Sexual harassment involves unwanted sexual advances, demands of sex to keep a person’s job and verbal and physical contact of a sexual nature that is unwelcome.

Hostile working environment is a type of sexual harassment, but doesn’t have to involve physical contact or be of a sexual nature. A textbook example is a recent case involving a female firefighter who received naked pictures of women in her work mailbox every day for six months.

Other types of discrimination can involve a hostile work environment, too. Recently a court ruled that racist literature in the employee break room created a hostile work environment for African American workers.

To constitute a hostile work environment, an offensive behavior must be ongoing and must be known by the employer. JH