The ECJ has held that a minimum height requirement for Greek police officers amounted to indirect sex discrimination as it had a greater impact on women.
The requirement could not be justified as a proportionate means of achieving a legitimate aim, namely the effective accomplishment of certain police functions.
The Court noted that not all police functions required particular physical attributes and most tasks that did require certain physical attributes (e.g. strength, agility, speed, etc.) were not, or not necessarily, linked to an individual’s height. The aims could have been accomplished by less discriminatory means such as physical aptitude tests.