CHICAGO, April 10 (UPI) -- An FBI analyst who allegedly failed a physical fitness test to become a special agent, by one push-up, is suing, his lawyer says.
Jay Bauer said he joined the FBI in 2009, and at the Bureau's new-agent training classes in Quantico, Va., achieved high marks in every category. While pursuing designation as a special agent at the FBI Academy, Bauer fulfilled every requirement except one. In a physical fitness test, he managed 29 push-ups, his lawsuit in federal court in Chicago states.
The FBI requires 30, and Bauer was forced to resign from special agent training. He currently holds an analyst's position in Chicago, and has been challenging the FBI's decision in administrative courts for the past two years, the Chicago Tribune reported Tuesday.
Bauer claims in the lawsuit the FBI's fitness standards are gender-biased against men, and he is suing for back pay and promotion to special agent on the grounds of gender discrimination. Female trainees must complete 14 push-ups, a number equal to 27-29 push-ups for men, he says, citing a database from a consultant who worked with the FBI in compiling the guidelines.
Michelle Reese Andrew, Bauer's attorney, said in letter to an administrative judge Bauer reluctantly took his fight to federal court only because he felt he was not being given a fair hearing, the Tribune reported.