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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.

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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. (Read more FBI stories.)

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