Former Professor Sues FBI For Gender Discrimination

Jay Bauer, a Northwestern University doctoral graduate and former University of Wisconsin assistant professor of Communications Science, has filed an interesting lawsuit alleging that females are given unfair advantage in training for special agents. Bauer fell one push-up short of making the cut for agent and was denied a second try that was afforded to female candidates (who are required to do less than half of the push ups).

Bauer is currently an intelligence analyst for the FBI in Chicago and passed a fitness test before entering new-agent training at Quantico, Va. He had done well at the academy — scoring at the top of his class in tests and was chosen by his fellow trainees to be their class leader. However, one fitness test required at least 38 situps in a minute and do 30 untimed push ups as well as running times. Bauer could only do 29 push ups and was forced to resign from special agent training. However, a female trainee who scored near the bottom of the class in firearms proficiency was given another attempt at the fitness test — an option given women rather than men. Moreover, while females are only required to do
14 untimed push ups — men are required to do 30. The lawsuit cites a study that shows that 14 female push ups are the equivalent to 27 to 29 for men.

I am not sure that the study is a big help when it is short one push up on the equivalent scale. Courts are reluctant to micromanage such tests and give a fair degree of deference. The requirement of a couple more push ups may not seem arbitrary and capricious.

The option of a second chance for females would seem a stronger claim. Why should females get a second chance but not males?

What do you think?

What would Jack Bauer do?

This is how he does discovery:

Source: Chicago Tribune