Jay Bauer, 40, an intelligence analyst for the FBI in Chicago, sued the agency in 2012. The Northwestern University graduate had passed an initial fitness test and scored at or near the top of his class during new-agent training in Quantico, Va., according to the lawsuit.But the Mount Prospect man failed a final fitness exam at the FBI Academy, completing 29 of the required 30 untimed pushups. Female trainees are required to do at least 14 untimed pushups, according to the lawsuit.Attorneys for the FBI had argued that the test was not discriminatory and simply reflected physiological differences between men and women.U.S. District Judge T.S. Ellis III in Virginia wrote last week that despite obvious gender differences, the FBI had failed to prove that the fitness test was an adequate measure of job skills, such as the ability to restrain a fleeing suspect.
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