Fitness-for-duty exams that vary by gender may or may not be discriminatory, according to a federal judge. The judge ruled one exam used by the FBI is discriminatory.
Jay Bauer, 40, an intelligence analyst for the FBI, applied to become a special agent with the agency.
Bauer passed an initial fitness test and scored at or near the top of his class during training.
But when it came to the FBI’s rigorous fitness test, Bauer came up one pushup short. He completed 29 untimed pushups. Men taking the fitness test must do 30 pushups. Women must do 14.
Bauer sued, claiming the test is biased against men.
The FBI argued the test wasn’t discriminatory because of the physiological differences between men and women.