Mt. Prospect man sues after missing FBI rank by 1 push-up
A Mount Prospect FBI intelligence analyst who was kicked out of special agents training because he could not do 30 push-ups, filed a lawsuit alleging the physical test discriminates against men.
After completing more than 20 weeks of training and passing firearms and academic tests, Jay J. Bauer could only complete 29 push-ups during the physical fitness test, according to the federal lawsuit filed last week.
“Plaintiff has more to offer the FBI and believes that his career should not be derailed by a single push-up,” his attorneys argue in the suit.
The lawsuit argues the minimum requirement of 30 push-ups for men and 14 for women are arbitrary numbers, and that the FBI “intentionally ignored signs that the male standard was more difficult.”
A study used to validate gender norms to set the minimums comparatively difficult stated 14 push-ups for females corresponded to between 27 and 29 for males, according to the lawsuit.
Bauer, who received a master's degree and a Ph.D. from Northwestern University, left an academic position at the University of Wisconsin-Milwaukee to join the FBI and is currently an intelligence analyst in the Chicago division.
During the applicant phase, Bauer passed the physical training test, which had the same requisites of 38 sit-ups, 30 push-ups, a 300 meter-sprint in less than 52.4 seconds and a 1.5 run in less than 12 minutes and 24 seconds.
The lawsuit alleges a female applicant was given a second attempt to pass the physical test, despite the fact that she was at the bottom or near the bottom of her class in firearms training and struggled in academics training. Bauer was at or near the top in those areas, but he was not given a second attempt, according to the gender-discrimination lawsuit.
Bauer attempted to resolve his dismissal from the Special Agent training for more than two years before filing the suit, according to court documents.
Bauer is seeking reinstatement as a special agent, back pay with interest, including mileage for not having a company vehicle and damages, and compensation for “pain and suffering” caused by discrimination.
He is demanding a trial by jury.