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FBI fitness test discriminates against men

Posted by Daniel Herbert Employee Discrimination
FBI fitness test discriminates against men

A federal judge in Virginia found that a test, which required the male FBI applicants to complete 30 push-ups while requiring women to do only a minimum of 14 push-ups, violated title VII of the Civil Rights act of 1964. However, the Court cautioned that gender-normed fitness tests are not per se illegal. In Jay J. Bauer v. Holder et al, No. 13-CV-93, the Court concluded that in this case the differential treatment reflected in the FBI’s gender normed (physical fitness test) absent a valid (bona fide occupational qualification defense), was lacking. The court reasoned that “the decision reached here is that gender normed physical fitness tests are not, as some courts have assumed, per se legal based solely on the general assertion that there are real physiological differences between males and females.” (312) 655-7660

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