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Would-Be Agent Sues FBI Over Single Pushup

Jay Bauer says FBI standards unfair to men

By Evann Gastaldo,  Newser Staff

Posted Apr 10, 2012 8:23 AM CDT

(Newser) – Jay Bauer quit his job as an assistant professor, passed a fitness test to enter the FBI's new-agent training program, scored near the top of his class in every area, was selected to be the class leader … and then failed to pass the fitness exam at the FBI Academy by just one pushup, which kept him from being made a special agent. Bauer, who ended up taking a job as an FBI analyst, has now filed a gender-discrimination lawsuit against the FBI, claiming the fitness test is easier for females than it is for males.

Bauer allegedly completed the rest of the fitness exam (38 situps in one minute, 300-meter sprint in 52.4 seconds, 1.5-mile run in 12 minutes, 24 seconds) but could not complete the 30 untimed pushups required. His attorneys say a female trainee was allowed a second try at the fitness test while Bauer was not, and they also argue that the women's fitness standards are easier. (Women are required to do 14 untimed pushups, which the lawsuit claims is equivalent to 27-29 pushups for men.) Bauer is asking for a special agent position and back pay, the Chicago Tribune reports.

Jay Bauer says FBI standards unfair to men.
Jay Bauer says FBI standards unfair to men.   (Shutterstock)
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COMMENTS
Showing 3 of 42 comments
BCS
Apr 10, 2012 4:17 PM CDT
He should get in. These  test are jokes. Your in shape for the first two weeks of your job. That's all those test accomplish. Look at the veteran cops and firefighters, some of them couldn't do one pushup. And seeing as FBI almost never engages in physical altercations, I'm sure they're amongst the most out of shape. City beat cops are about the only one's that stay in shape, because their lives depend on it. If he excelled everywhere else, then it should be overlooked. It's pretty trivial. And anyone who thinks 30 pushups are not that many, then try doing them after all that other stuff he had to do. It's the last part of the test so you have to do them with about 5% of your energy left. He was plenty fit for that job.
GS13
Apr 10, 2012 1:02 PM CDT
Can't do 30 push ups? Seriously? The physical fitness test should be much more rigorous. The women should have to do 30 as well. I can see if it was pull ups, women don't have the upper body strength to lift their weight up, wide hips instead of shoulders and all. No excuse not to be able to do 30 push ups, especially with no time limit. Thats pretty pitiful.
LoginsSuck
Apr 10, 2012 11:18 AM CDT
Congrats Bauer, you get a second chance because of your whiny law suit and now you are the office bitch too. Good luck with that.
 

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