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Posted: 6/16/2014 4:11:56 AM EDT
The FBI's rigorous physical fitness test is biased against men, a federal judge has ruled, handing a legal victory to a northwest suburban man who sued after missing the cutoff to become a special agent by a single pushup.
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. His ruling does not mean that all tests that try to take account of the physical differences between men and women are illegal, Ellis wrote, only that they must have a valid basis to discriminate. Bauer's attorney, Michelle Reese Andrew, of Wilmette, said the ruling means the FBI must change its fitness test. Andrew plans to ask the judge to place Bauer into a special-agent position and order that he be paid lost wages and attorneys' fees. http://articles.chicagotribune.com/2014-06-14/news/ct-talk-fbi-pushups-met-20140614_1_fitness-test-failing-test-single-pushup She contended the judge's ruling also protects female trainees. "We live in an age fortunately where it's clear men and women can do the same jobs ... and people performing them should be held to the same physical standard," she said. A spokeswoman at the FBI's Chicago field office declined Friday to comment, citing the pending litigation. Interesting |
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If it is untimed, how can you fail?
You have to recover eventually, unless you just give up-- and then you should fail. |
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Have to laugh at the ruling, it was only a matter of time.
That said, most people including myself could do 30 pushups in their sleep. Untimed? Wow. |
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If it is untimed, how can you fail? You have to recover eventually, unless you just give up-- and then you should fail. View Quote I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. |
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So if they raised the female requirement to match the male requirement he would have no suit right?
Wonder how his coworkers will feel about a agent that couldn't pass the same physical test they all did?? |
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I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. View Quote View All Quotes View All Quotes Quoted:
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If it is untimed, how can you fail? You have to recover eventually, unless you just give up-- and then you should fail. I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. If anything lighter shorter women should have to do more pushups than taller heavier men, if the real reason for pushups is to prove strength. Going to bench presses with a standard weight and number would eliminate most other variables and only test strength. |
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So if they raised the female requirement to match the male requirement he would have no suit right? Wonder how his coworkers will feel about a agent that couldn't pass the same physical test they all did?? View Quote If enough females couldn't pass, the suit would still show up, it would just be different. Then, the FBI would have to demonstrate why that particular test standard was applicable to the job. The latter is what the military will be up against in the fields formerly barring women. |
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All this over a guy not being able to do 30 freaking pushups...
Ever see the South Park episode, "Raising the Bar"? Sad truth that episode is. |
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Judge Ellis rocks. From my experience one of the best judges on the bench.
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So, they lowered the bar for men because the standards for women are lower? Is that what I'm reading is the rationalization for this ruling?
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to.
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Does that say 30? Untimed? Dude could only do 29, in an unlimited amount of time? 40 years old, and needs to push 30 times. 30. Not sure, but I think the ARFCOM basement warrior qual. PFT for 50yr olds, requires 20 after 6 posts per min., and marathon Fapping for two hours. 30. And he's bitching about womens standards. FBI Special agent. |
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I've seen distance running athletes incapable of 30 pushups. View Quote View All Quotes View All Quotes Quoted:
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30 untimed pushups. I dont even.... I've seen distance running athletes incapable of 30 pushups. I knew a guy like that - and Army Reservist - had a helluva time with the pushup portion of the PT test. Guy could run 5 minute miles forever, though. Crazy. But, he still managed. The trick is to work on your weakness when you work out - but most people always like to do what they excel at. Bulky guys like to lift, runners like to run, etc. I doubt our here here was doing much at all, though. |
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to. Not seeing the bigger issue, huh? Yeah, without being able to read more details (OP didn't even provide a link), I almost think the guy did it on purpose so he could sue. Either that or this gentleman is one heck of a weak man. |
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Quoted: I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. View Quote View All Quotes View All Quotes Quoted: Quoted: If it is untimed, how can you fail? You have to recover eventually, unless you just give up-- and then you should fail. I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. Equal rights, isn't that what women have been striving for...................14 for a woman , 14 for a man, equal or GTFO |
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to. View Quote I've read else where that there was more to the story. Guy had always passed fitness test with high scores, test day comes around and they say he only did 29. Then they're was supposed to be video footage, but they don't have video of him. |
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to. Not seeing the bigger issue, huh? The standards are well publicized. He had years to prepare. He should have worried about himself and not anyone else. Hell, a woman I used to work with went to Quantico a little over a year ago and was obsessed with beating all the men in the class. That's the attitude he should have had. |
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Odds are you can't go to an unauthorized rest position - though I am a bit curious myself. View Quote View All Quotes View All Quotes Quoted:
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30 untimed, so can I stop and drink a beer at 15? Odds are you can't go to an unauthorized rest position - though I am a bit curious myself. I don't think you can stop. |
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IIRC...it was about more than the number of push-ups.....he failed by not getting his 30 and was not given another attempt at it....a female trainee failed to get her 14 and was given another chance and passed.
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I've read else where that there was more to the story. Guy had always passed fitness test with high scores, test day comes around and they say he only did 29. Then they're was supposed to be video footage, but they don't have video of him. View Quote View All Quotes View All Quotes Quoted:
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to. I've read else where that there was more to the story. Guy had always passed fitness test with high scores, test day comes around and they say he only did 29. Then they're was supposed to be video footage, but they don't have video of him. Interdasting....Link? |
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The standards are well publicized. He had years to prepare. He should have worried about himself and not anyone else. Hell, a woman I used to work with went to Quantico a little over a year ago and was obsessed with beating all the men in the class. That's the attitude he should have had. View Quote View All Quotes View All Quotes Quoted:
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to. Not seeing the bigger issue, huh? The standards are well publicized. He had years to prepare. He should have worried about himself and not anyone else. Hell, a woman I used to work with went to Quantico a little over a year ago and was obsessed with beating all the men in the class. That's the attitude he should have had. You get that the ruling has nothing to do with whether 30 push-ups is an appropriate test right? The importance of this issue is that if the Government is going to set different standards for men they had better have a justifiable basis to do so. The government did not do so here. So stop being fixated on the one guy who allegedly couldn't eek out one more push-up. Focus on the victory this represents in the unfair playing field woman have in lax standards. |
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If anything lighter shorter women should have to do more pushups than taller heavier men, if the real reason for pushups is to prove strength. Going to bench presses with a standard weight and number would eliminate most other variables and only test strength. View Quote View All Quotes View All Quotes Quoted:
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If it is untimed, how can you fail? You have to recover eventually, unless you just give up-- and then you should fail. I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. If anything lighter shorter women should have to do more pushups than taller heavier men, if the real reason for pushups is to prove strength. Going to bench presses with a standard weight and number would eliminate most other variables and only test strength. Yes, but that would out everyone on an even basis which would defeat affirmative action. PC police can't have that now |
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lawlz!!!!!
Shit is about to get epic! I hope this carries over into ever facet of every duel standard in every corner of government employment. |
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You get that the ruling has nothing to do with whether 30 push-ups is an appropriate test right? The importance of this issue is that if the Government is going to set different standards for men they had better have a justifiable basis to do so. The government did not do so here. So stop being fixated on the one guy who allegedly couldn't eek out one more push-up. Focus on the victory this represents in the unfair playing field woman have in lax standards. View Quote View All Quotes View All Quotes Quoted:
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to. Not seeing the bigger issue, huh? The standards are well publicized. He had years to prepare. He should have worried about himself and not anyone else. Hell, a woman I used to work with went to Quantico a little over a year ago and was obsessed with beating all the men in the class. That's the attitude he should have had. You get that the ruling has nothing to do with whether 30 push-ups is an appropriate test right? The importance of this issue is that if the Government is going to set different standards for men they had better have a justifiable basis to do so. The government did not do so here. So stop being fixated on the one guy who allegedly couldn't eek out one more push-up. Focus on the victory this represents in the unfair playing field woman have in lax standards. This. Either raise it for everyone or keep it the same (lowest common denominator) for both. Although it's ridiculous the lawyer is asking the judge to place her client on the FBI payroll in a special agent position, with back pay. HAHA. |
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So, they lowered the bar for men because the standards for women are lower? Is that what I'm reading is the rationalization for this ruling? View Quote No. The FBI couldn't show why one officer could perform the job being able to only do 14 pushups, but another could not do the job doing 29. It's not a difficult concept. The Judge is 100% correct. |
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Good. Hopefully this gets to the Military as well. However, standards for women need to be raised - not lowered for men.
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I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. View Quote View All Quotes View All Quotes Quoted:
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If it is untimed, how can you fail? You have to recover eventually, unless you just give up-- and then you should fail. I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. This is the answer The physical fitness test in most law enforcement jobs are completely arbitrary. Like a 1.5 mile run. If you haven't caught the suspect in about a 1/4 of a mile you wont catch them. If 14 pushups get s the women through it should get the men through too. |
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You get that the ruling has nothing to do with whether 30 push-ups is an appropriate test right? The importance of this issue is that if the Government is going to set different standards for men they had better have a justifiable basis to do so. The government did not do so here. So stop being fixated on the one guy who allegedly couldn't eek out one more push-up. Focus on the victory this represents in the unfair playing field woman have in lax standards. View Quote View All Quotes View All Quotes Quoted:
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to. Not seeing the bigger issue, huh? The standards are well publicized. He had years to prepare. He should have worried about himself and not anyone else. Hell, a woman I used to work with went to Quantico a little over a year ago and was obsessed with beating all the men in the class. That's the attitude he should have had. You get that the ruling has nothing to do with whether 30 push-ups is an appropriate test right? The importance of this issue is that if the Government is going to set different standards for men they had better have a justifiable basis to do so. The government did not do so here. So stop being fixated on the one guy who allegedly couldn't eek out one more push-up. Focus on the victory this represents in the unfair playing field woman have in lax standards. I think it was more about quantifying those standards to correlate with job expectations. 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. The judge pointed to the different requirements based on gender to show that pushups are not a direct test of job skills, because they were not equal for everyone. ETA: Its also another jab at the government in step with the ATF suppressor ruling. When judges ask the government to define the standards by which they make their decisions, they often have no standards to defend themselves with. |
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I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. View Quote View All Quotes View All Quotes Quoted:
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If it is untimed, how can you fail? You have to recover eventually, unless you just give up-- and then you should fail. I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. Bingo. |
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Quoted: I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. View Quote View All Quotes View All Quotes Quoted: Quoted: If it is untimed, how can you fail? You have to recover eventually, unless you just give up-- and then you should fail. I agree with the judge. If the FBI has decided that 14 pushups is enough to prove you can do the job, then 14 pushups is adequate for everybody. If it isn't adequate for everybody, it means the FBI has been putting people at risk for a while by allowing people who aren't up to the standard in. this one standard for the job, everyone must meet that standard. |
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Is the FBI's PT test not validated, that's odd.
Same job same standard should be the way these things go. And I'd say 3/4 of the adult population couldn't do 30 correct, unbroken push-ups. |
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I can't do 30 pushups. View Quote Yes you can. work on it for a week. Max out 3-4 times a day. You'll be at 30 in no time. I get new hire kids that can't lift 40lb lugs of fruit at first. By the end of the first week, they are hossing the things around, and by the end of the season I'm yelling at 'em for doubling up. There HAS to be a LOT more to this story. If a guy can get 29, he can get 30 easy. |
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I failed my HS gym class final because I couldn't bend my neck enough so that the bottom of my jaw, rather than the front, would touch the teacher's fist for each push-up.
Maybe I should have sued. Kharn Posted Via AR15.Com Mobile |
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The standards are well publicized. He had years to prepare. He should have worried about himself and not anyone else. Hell, a woman I used to work with went to Quantico a little over a year ago and was obsessed with beating all the men in the class. That's the attitude he should have had. View Quote View All Quotes View All Quotes Quoted:
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Fuck that. Guy had the opportunity of a lifetime and blew it. That's what this comes down to. Not seeing the bigger issue, huh? The standards are well publicized. He had years to prepare. He should have worried about himself and not anyone else. Hell, a woman I used to work with went to Quantico a little over a year ago and was obsessed with beating all the men in the class. That's the attitude he should have had. Sounds like he did beat all the women there, so there's that. |
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