FBI analyst sues over gender specific standards
In a case that might have far reaching implications for the military an FBI analyst is suing the FBI for gender discrimination. Two years ago Jay Bauer was undergoing the Bureau’s Special Agent training curriculum when he was dropped from the pipeline after he failed his physical fitness test by a push up. Up to failing his PT test he was at the top of his class. He’s suing, correctly pointing out that a female applicant with his test scores would not have been dropped.
An intelligence analyst for the FBI in Chicago who allegedly missed becoming a special agent by a single pushup has filed a gender-discrimination lawsuit alleging that the FBI’s fitness test is flawed and biased against men.
Jay Bauer, a Northwestern University doctoral graduate, joined the FBI in 2009 after leaving the University of Wisconsin at Milwaukee as an assistant professor in its communication sciences department, according to the lawsuit filed last week in federal court in Chicago.
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His attorneys argued that a female trainee who scored near the bottom of the class in firearms proficiency was given another attempt at the fitness test, but Bauer wasn’t.
They also argued that the FBI’s fitness standards — which before 2003 required men to do 25 pushups — are comparatively harder for males. Female trainees must complete at least 14 untimed pushups, an amount equal to 27 to 29 for men, the lawsuit says, citing a database maintained by a fitness consultant the FBI worked with in drafting the guidelines.
Now I’m immediately torn. On one hand I’m inclined to tell him to man up and move on. He knew, with plenty of warning, exactly what the standards where for him to progress and he failed to adequately prepare for them. Barring physical handicap there is no reason a healthy man young enough for FBI Special Agent training can’t discipline himself to perform 40 push ups. I’m a fat, lazy civilian now and I can do 40 damn push ups.
On the other hand standards are only standards if they’re, well…standard. The entire concept of differing standards of physical readiness based on gender in high risk professions, in which the safety and mission readiness of the personnel involved depends on physical fitness, is an absurd acquiescence to political degradation. This is to not even scratch the perverse and convoluted social structures created by treating people who identify with the gender norms of the opposite sex as a politically protected class of people. I can imagine it now, male troops having failed PT tests coming in to work and declaring themselves to now be transgendered and demanding they be evaluated as females.
So, in the end, I hope Bauer does win. It would be a good start to tearing down the entire notion that the physical demands of combat or law enforcement cares about your gender identity or sex. On the other hand, seeing as how Mr Bauer is now the guy who couldn’t do the man push ups and is trying to sue his way into the Special Agent club, it might be best if he were to remain in a cubicle.
Category: Dumbass Bullshit, Shitbags
Many years ago, an SF buddy on an FBI pre-test, “lapped” a fellow recruit who happened to be a female on the oval track. They both had their packets in at the same time. The female was eventually hired before him, and the FBI recruiter (SA) was incredulous. The agent plead with him to hang in there and wait. My buddy saw the handwriting on the wall and got a better paying job in the civilian market. This country lost a good man to affirmative action. PT test scores don’t correlate to being a good agent, but it does show a degree of self-discipline. 25 push-ups? Which arm?
On one hand, he should be able to do 25 push-ups. On the other hand… wussy.
(Says the Reserve O-3 taking his AFPT this weekend… come get some if you’re out at Ft. Dix, BAUER).
My biggest beef with females in front-line units is that they do not have to rise to the same standard as men in the physical area. If women want to scream about being treated equal then be friggen equal.
I’m a fat, lazy civilian now and I can do 40 damn push ups.
I’d be embarassed if I could only do that many as a fat lazy civilian.
The physical standards for the males and females should be the same. I never could figure out why the toughest standards for 18 year old females were the same as the ones for a 50 year old male.
While I agree with you that there are two ways to look at it, I have to say that there IS a standard — and he failed it. The argument that the male standard is comparatively harder doesn’t hold much water for me; those metrics have a certain amount of variation. For example, in the Army (where I am an officer), the female equivalent of 25 pushups is 6 pushups. Going in the other direction, as the article does, the male equivalent of 14 pushups is 35 pushups. The point? Whether the “equivalence” is unfair or not is highly debatable — even when subject to objective scrutiny. What is NOT debatable is that all applicants are fully informed from the beginning of the process — these are the standards you must meet to be a Special Agent. To fail a standard and then claim the standard is unfair is to proceed in the wrong order, and undermines both your argument and your character.
Wondering the liklihood that he actually could have done one more push-up, but calculated that this lawsuit is more important to the greater good.
Naw. Nobody ever does stuff like that, right?
25 push-ups? Pussy….
…but yah, I hope he wins…
Sorry, but I coach 11 year old girls on my swim team that can do 25 push-ups…
#8 above was me…
Come on…give 1 more, not 2 not 3 but just 1 more…don’t worry about her over there…look at me I need just one more from ya… don’t quit on me now….lean into it …. don’t worry about her…worry about you….I know ya got one more in ya..dig deep!…..Times up…you are a nogo at this station …move out to break area!
RLTW
Gender neutral testing seems to work for wildland firefighting.
Where the test is simple, you walk (not run) three miles with a 45 pound pack in less than 45 minutes.
It is pass/fail and that is it.
No male/female or age differential.
Just pass the test.
Bauer? With a picture that looks like Kiefer Sutherland in a dress? Damn near spewed coffee on this one…..
I would be curious to know if he did this on purpose. It certainly seems like he may have.
Having said that, though…he also made a very common mistake, and I’ve seen it before. You never look around at what others are doing in a job. You learn the standards, and you do what you need to do to succeed. The minute you start paying attaention to what someone else is doing (or not doing), you wander off course. He knew what was expected of him, and that should have been the ONLY thing he paid attention to.
@13 Nods in aggreement
Time to get rid of gender specific standards.
What a pussy. He can’t do 27 (did I understand it right) pushups? WTF? With no time limit? What kind of fat-body is he?
IF there are standards for males and females and you don’t make it, no fucking do-overs. Period. Female gets a do-over not the dude…I hope he wins. Fair is fair. And yeah, even if he was a wuss and couldn’t knock it out. I didn’t get a do over when q’ing for Air Assault school even if I was 2 minutes from the road march qualifying time…finished. Repeat the whole process from the beginning of you want it.
25 pushups for a man equates to 25 for a woman. Same pay? Check. Same job? Check. Same demands in the workforce? Check.
The suspect isn’t going to run less because a woman if chasing them.
Your fellow wounded man isn’t going to weigh less because a woman is carrying them.
You get the point.
She got a redo and he didn’t, regardless if it’s his business or not. Fair is fair.
People on here talking about being able to do 30 pushups untimed. You do realize that you just don’t wake up in the morning and simply do 30 pushups right? You have other physical test PRIOR to this on the same day. This 30 pushups maybe, just maybe at the end of the day 5pm
After doing several test.
Think people. Think!!
Complaining how he isn’t fit for the job is laughable because of all the women who “just got by” with their “modified” test. Granted some of the women who passed are in the top 5 percentile the majority is in the latter 15 and aren’t up to even his standard. Therefore, if he doesn’t deserve it a lot of people in the FBI doesn’t deserve it either.
At the end of the day it SHOULD be 100% fair.
If you need to run a mile and do 1000 pull ups then do be it for EVERYONE.
The same way that it takes 124-128 credits to get a bachelor’s degree.
Anon–I’m not SF, SEAL, or other high-speed/low-drag professions, but even I, “back in the day” and to an extent even now, am quite aware of the fact that PRT’s are done whenever, wherever. I’ve run them immediately after 60-day underways. Not a whole lot of time to get ready for one when the longest space on a fast attack is about 60-70 feet.
I’m old, fat, civilian, and can still outdo kids half my age.
And for the record, some of us “just wake up” and do a lot more than just 30 pushups.
Finally, what physical tests was this assclown performing prior to his pushups on that day? You got some sort of information to which we’re not privy?
Here are the requirements to pass the PT test now…not sure how many chances they get to take the test.
A non FBI site said 3 chances to retake pass the test.
https://www.fbijobs.gov/11131.asp
The do get 3 Chances – Here is the FBI Link
https://www.fbijobs.gov/1113.asp
@18
At my last job one of the owners used to come into the lab and challenge me to do push-ups. We would both get down and do 60, non-stop. He would come into the lab and we would do this 6 to 10 times a day. At the end of the day, both of us could still get down and knock out 60, non-stop. This was before and after my 5 mile lunch run or 2500 yard lunch swim. He should still be able to do 27 push-ups…
Just to clarify, he did 39 of the 40 push ups required for men post-2003. The assertion is that the female’s required 14 push ups works out to the equivalent male fitness level of 27 to 29. Sorry for the confusion.
If 14 pushups is adequate to become an FBI agent, then 14 pushups should be adequate to become an FBI agent.
Exactly, Malclave. And, if the standard is 30 pushups to qualify for one point, then the standard is 30, not what gender-norming says it should be.
I’m 53 with 2 arthritic knees so I can’t run worth a crap, but I knock a 3 mile ride on a stationary bike in less than 10 minutes and can bench 310, and still knock out 30 any time.