RICHMOND, Va. (AP) — A federal appeals court says an FBI physical fitness test that imposes different standards for male and female trainees doesn't amount to illegal sex discrimination.
A three-judge panel of the 4th U.S. Circuit Court of Appeals reached that conclusion Monday in a lawsuit filed by Jay J. Bauer, an Illinois man who flunked out of the FBI Academy after falling one pushup short of the 30 required for graduation. Bauer claimed he was a victim of discrimination because female trainees only have to do 14 pushups.
U.S. District Judge T.S. Ellis III in Alexandria ruled in Bauer's favor in 2014.
But the appeals court said there's nothing wrong with standards that recognize that men and women are not physiologically the same for the purposes of physical fitness programs.