Springtime Elementary School has a policy that no teaching employee can be taller than 5 feet 4 inches because the employer feels that children are more comfortable with people who are closer to them in size. Brian, a 5 foot 9 inch male, applies for a job and is denied on the basis of the policy. Does Brian have a claim under any theory of law? IRAC

I: Under the law, does an applicant have a claim against an employer who denies employment on the basis of a height restriction when the employee is a male whose height exceeds the height restriction policy?

R:

A:

C: