Man Allegedly Disqualified From Being a Special Agent by One Push-Up…And Now He’s Suing the FBI

Man Allegedly Disqualified From Being a Special Agent by One Push Up...And Now Hes Suing the FBI

(Photo: CBS)

An intelligence analyst with the FBI in Chicago is suing the agency for gender discrimination, after he was allegedly disqualified from becoming a special agent by one push-up.

Jay Bauer, a Northwestern University doctoral graduate, has been with the FBI since 2009.  He scored near or at the top of his class in everything from firearms training to academics during his new-agent training, according to the lawsuit, but was forced to resign from special agent training after he only managed to do 29 of the required thirty push-ups.

The special agent fitness training reportedly requires of men: 38 sit ups in one minute, 30 untimed push-ups, a 300 meter sprint in 52.4 seconds, and 1.5 miles in 12 minutes and 24 seconds.  Click here for a more detailed breakdown of how the FBI judges candidates.

Bauer is claiming gender discrimination because, among other things, a female trainee who scored near the bottom of her class in firearms training was reportedly given a second chance at the push-ups, when he wasn’t.  He also argues that the FBI standards are disproportionately harder for males than females– for instance, women only have to do 14 untimed push-ups, which experts say are the rough equivalent of 27-29 for men.

The Chicago Tribune reports that Bauer has been challenging the FBI’s decision through the administrative courts for the past two years, since he didn’t think it appropriate to take the matter to the federal courts.

His attorney explained, “Given what is occurring in this world today and the fact this case is about one pushup, it does not feel right (to file a lawsuit).”

But apparently Bauer has changed his mind.  In a case filed last week with the federal court, the man asked that he be made a special agent with back pay, and that the Justice Department pay his attorneys’ fees and damages.

“My client is a reluctant plaintiff,” Bauer’s attorney said, “[but] he feels compelled to fight for what’s right here.”

Reports have not explained why Bauer chose to fight the matter for years, rather than re-take the test once he was again eligible.

 

Comments (103)

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  • lala76
    Posted on April 10, 2012 at 8:36pm

    Too bad. Try harder next time. Rules are rules!

    Report Post »  
  • Lesbian Packing Hollow Points
    Posted on April 10, 2012 at 8:33pm

    Jack Bauer’s wimpy little brother?

    Report Post » Lesbian Packing Hollow Points  
    • BlenGeck
      Posted on April 10, 2012 at 10:51pm

      Need to draw the line someware wimpy boy. But, woman need to have the same rules as men if they want to play with the boys. I understand his point with the woman rules being different. I can’t have a baby no matter how many rules are changed for me. Kick the women out that can’t pass the male physical! Get over it girls.

      Report Post » BlenGeck  
    • Soul Leister
      Posted on April 10, 2012 at 11:00pm

      I was in the Marine Corps for over 20 years… men had to run three miles, but women only had to run a mile and a half… equal work for equal pay??? What a joke… they don’t want to be equals (because they are not)… wimpy men still had to run three miles… grain fed midwestern girls only had to run a mile and a half… (personally, I would have preferred the grain fed midwestern girl in my fighting hole because they can whoop the average city boy with one hand tied behind their backs… side note: (army has fox holes to hide in)…

      Report Post » Soul Leister  
    • The_Almighty_Creestof
      Posted on April 10, 2012 at 11:16pm

      At least this guy can try for some HONEST work now!

      Report Post »  
    • ChiefGeorge
      Posted on April 10, 2012 at 11:36pm

      I’ve been in my craft for ten years now and missed another related contract opportunity by 1 test question. Gotta get that 80% or you dont pass, got 79.03%. Thats not passing. I’m ok with it because its a tough standard.

      Report Post » ChiefGeorge  
    • lukerw
      Posted on April 11, 2012 at 7:16am

      Almost good enough… is not a Qualification… for any job! Think about it — Do you want an ‘Almost good enough’ Surgeon opeating on you? What Service do you want performed by the ‘Almost good enough’?

      Report Post » lukerw  
    • Stoic one
      Posted on April 11, 2012 at 10:37am

      This is like almost pregnant

      Report Post » Stoic one  
    • bigfatslob
      Posted on April 11, 2012 at 11:28am

      I’m sure he is a whimpy boy but, women get the same pay for the same job, should have the same requirements. As a retired firefighter, I saw the transition when the Fire service was foeced to hire UNDERQUALIFIED women who could not pass the physical test, first the Dept. tried to hide the results, eventually lowering standards so they were hiring 5′2″ whimpy dudes no stronger than whimpy chicks. The dept. also hides facts from the public about lives lost in house fires and resques due to lack of strength of the NEW firefighters or how long it takes to pull hose into or ladder a burning building because NOW it takes two “firepersons” to do the job instead of one. In this financial climate, firefighter numbers are being cut back, yet its members grow whimpier & whimpier in the name of fairness. PC in this case has cost America many thousands of lives in the last couple of decades.

      Report Post » bigfatslob  
    • black9897
      Posted on April 13, 2012 at 11:38am

      Don’t be too hard on him. Pushups doesn’t equal strength. I knew a guy in my high school who could barley do 3 proper pull ups, yet he was country strong! I mean strong like an ox.

      Report Post » black9897  
  • Malcom0983
    Posted on April 10, 2012 at 8:31pm

    Obvious gender discrimination aside…
    If you miss by 20 push ups, you should have been hitting the gym. If you miss by 1 push up, you have no heart and shouldn’t be there in the first place. Whats more – IT’S NOT TIMED!! YOU HAVE ZERO HEART!! NONE!! 1 PUSH UP!!
    I hear the TSA is hiring.

    Report Post »  
    • wdittgasn
      Posted on April 10, 2012 at 9:31pm

      Just a little more exercise a tiny bit more workout would have produced the needed pushups. He must not really care that much about getting the job.

      Report Post » wdittgasn  
    • sooner12
      Posted on April 10, 2012 at 9:35pm

      Haaaaaaaa>haaaaaaaa>haaaaaaaaa

      Report Post »  
    • hidden_lion
      Posted on April 10, 2012 at 10:38pm

      Only 30 push-ups? What a bunch of pansies. That is seriously pathetic. The fact he is actually suing makes him even more pathetic. The FBI was right not to pass this putz.

      Report Post » hidden_lion  
    • Brooke Lorren
      Posted on April 11, 2012 at 12:26am

      Seriously? One measly push-up? If it was timed, perhaps I could see that he ran out of time, but if I had a test like that, and I thought that I could do no more, but I was only 1 push-up away from passing, I could do one more.

      30 push-ups is not that much. I might not be able to do 30 right this second, but if I was training for the FBI, I certainly could (and have been able to in the past).

      Report Post »  
  • Dougral Supports Israel
    Posted on April 10, 2012 at 8:28pm

    Its tempting to sympathize and advocate waiving the one pushup. But, I‘m sure he was aware of the requirement and wasn’t ready. He should have been doing 40 pushups nightly for a while before the test just to be sure the 30 would be in the bag.

    Report Post »  
  • jose wasabi
    Posted on April 10, 2012 at 8:27pm

    Wimp and cry-baby. No place for those in the FBI.

    Report Post » jose wasabi  
  • firemanfrank
    Posted on April 10, 2012 at 8:25pm

    This is the same reason, we have girls and fat men in the fire service, rules are put in place for a purpose , fire still kills, do what is asked and no less. 29 pushups what a joke he should be assigned to a desk. No gun no vest keep your partners safe.

    Report Post »  
  • The Gooch
    Posted on April 10, 2012 at 8:21pm

    How about instead of p!ssing and moaning you start working on your upper body strength? If you can’t pass the requirements, you con’t get the job. Boo hoo. Hell, I could pass this test easily. This is where the bar set for the FBI? Seems pretty low to me.
    No ‘different rules for different people’… even for women.

    Report Post »  
  • Blitz
    Posted on April 10, 2012 at 8:19pm

    Standards…. You knew them going in, quit your whining.

    Report Post »  
  • ChevalierdeJohnstone
    Posted on April 10, 2012 at 8:17pm

    Good for him. Absolutely merits a lawsuit. Two different standards for the exact same job is ridiculous. Hope it goes to SCOTUS.

    Report Post »  
    • The Gooch
      Posted on April 10, 2012 at 8:23pm

      Yes, because we should all be whiny babies who are the exception to the rules when we don’t get our way. I do believe there shouldn’t be different rules for different people, but instead of a lawsuit, this fellow needs to hit the gym.

      Report Post »  
  • THXll38
    Posted on April 10, 2012 at 8:10pm

    That sucks. Damn . . . there is even no time limit (”30 untimed push-ups”) to do 30 push ups. What the hell is wrong with this guy?

    Report Post » THXll38  
  • MAMMY_NUNN
    Posted on April 10, 2012 at 8:03pm

    He new the requirements and didn’t make the cut so suck it up and move on quit being a cry baby.

    Report Post »  
    • midnightvelvet
      Posted on April 12, 2012 at 1:21am

      Please, please tell me you know it’s “knew”, and it was just a typo! I keep seeing this “new” instead of “knew” just when I got where I could stand the last outrage. Please. I just can’t take more butchery. “Prolly” was bad enough. There, they’re and their are killing me. You’re and your will be the death of me. It‘s a generation of people who don’t read anything but text messages. Alas for the beautiful English language.

      Report Post »  
  • Onowicit
    Posted on April 10, 2012 at 7:59pm

    Should have gone faster. The world is not fare but there are rules. If you disagree with the rules bring the argument BEFORE you fail. He just looks like a cry baby now.

    I do think the standards for certain fields of employment should be the same for men, and women. Sorry ladies, but there are places where we can’t afford your unfortunate weaknesses, and there are places where you would not want ours.

    Report Post » Onowicit  
  • SolitudeBliss
    Posted on April 10, 2012 at 7:57pm

    As a woman veteran may I say this guy is a Wuzzzzzzzzzzz. I could knock out 80 pushups in 2 minutes. Young people, such pampered babies.

    Report Post »  
    • Justagrunt
      Posted on April 11, 2012 at 7:52am

      God bless you! I would swap any two of my guys for one woman who can do 80 push ups! The kids we get from basic these days are all so pampered and weak hearted its scary. It seems I spend half my freetime doing “remedial pt” with these guys and they whine and complain about it. Since when are we a nation of weak hearted wimps?

      Report Post » Justagrunt  
  • mcgrawactor1
    Posted on April 10, 2012 at 7:49pm

    Frankly, I prefer my men manly… but the fact is this guy is in intelligence and most probably will not be asked to “drop and do 30” by the guy he’s investigating, which leads me to believe they would be better with him than without him. I wouldn’t want him fiighting fires or even/especially as a cop on the street. Still, if he has a brain and can almost do 30, what the hey!! I know we have to draw the line in the sand, but the inequity of the women’s test kinda smacks of discrimination. I myself, can do 20 with my eyes closed, and I am not in training for law enforcement (and not those woosy girl push-ups) but he probably weighs more than I do!! I would just give the guy a break. And I am not usually the one that would cry foul!

    Report Post » mcgrawactor1  
    • hidden_lion
      Posted on April 10, 2012 at 10:41pm

      He was trying to be a field agent. 30 push-ups wouldn’t even meet Air Force requirements. Hre is not fit for duty, plain and simple.

      Report Post » hidden_lion  
  • inblack
    Posted on April 10, 2012 at 7:47pm

    Obviously this guy is trying to make a point.

    The cowards in the govt have no intention of equality.
    They want to punish men and promote women and that standard is set up for that reason.

    I don’t feel sorry for someone who takes a test when they know the requirements and fails to pass it, but like I said – I think this is about him making a point.

    Report Post »  
    • barnsy
      Posted on April 10, 2012 at 8:04pm

      What a wimp ! Im 48 years old…70 pounds overweight. After reading this article I dropped and did 30 pushups easily.This sissy should be strength training insted of suing.

      Report Post » barnsy  
  • VoteRightDammit
    Posted on April 10, 2012 at 7:47pm

    Silly to file a suit.

    Just claim you are a homosexual and they will be FORCED, BY LAW, to lower their standards to whatever level you can accomplish.

    Simple.

    Report Post » VoteRightDammit  
  • Thayes
    Posted on April 10, 2012 at 7:46pm

    I agree that having a double standard is rediculous, but it is the way the system is set up, And the reality is that if they cave on this then male agents will only have to do what women currently do. How does that maintain a good FBI. Secondly he knew what the expectations and requirements were. My dauhgter is trying to get into a LEO career and knows what each department requires and has trained to meet the criteria. You knew the rules and know sad sack wants to change them. Suit should be denied outright and move on, to much litigation already creating crap we dont need.

    Report Post » Thayes  
    • GardenoftheGods
      Posted on April 10, 2012 at 8:07pm

      My thoughts exactly! The man knew there was going to be a test… he should have trained for it… just as he probably practiced his weapon skills, he should have practiced his pushups. I’m sick of the “Fairness” doctrine that this generation & Obama are spouting. Life is NOT fair; get over it!

      Report Post » GardenoftheGods  
  • KickinBack
    Posted on April 10, 2012 at 7:43pm

    Special agent J. Bauer…You have 24 hours to find some way to get that ONE last push-up…The country’s counting on you.

    Report Post » KickinBack  
  • lel2007
    Posted on April 10, 2012 at 7:39pm

    What if Bauer had failed the test by two push-ups? Where is the ‘line’ drawn for suit?

    Report Post » lel2007  
  • Exrepublisheep
    Posted on April 10, 2012 at 7:36pm

    Reports have not explained why Bauer chose to fight the matter for years, rather than re-take the test once he was again eligible.—–Because it’s easier to let a lawyer do the work for you especially when someone else may have to pay his bill.

    Report Post » Exrepublisheep  
  • BMWmech
    Posted on April 10, 2012 at 7:35pm

    Just like in the military. Women want to be treated equal, until it comes to the pt test. Maybe this guy should join a gym.

    Report Post »  
  • ssanda
    Posted on April 10, 2012 at 7:33pm

    Beyond the craziness of different standards for men and women, (which make no sense to me) what kind a wimp is this guy? I’m probably over twice his age and can whip off 50+. The guy should have known the standard and worked out so that he could meet it.

    Report Post » ssanda  
    • SolitudeBliss
      Posted on April 10, 2012 at 8:01pm

      I so totally agree. And is this all that is required of the FBI? Women in the military could put this guy to shame. Awww, the younger generation.

      Report Post »  
  • RJJinGadsden
    Posted on April 10, 2012 at 7:32pm

    Passing that PT test was part of deal that he accepted when he joined. He failed the test. I had to do the same thing through my career in the Army as well as when I was on a police department.

    Report Post » RJJinGadsden  
    • marine249
      Posted on April 10, 2012 at 10:19pm

      the ? is did your female partner pass the same test you did

      Report Post »  
  • godhatesacoward
    Posted on April 10, 2012 at 7:28pm

    Sorry, Nancy.

    Report Post » godhatesacoward  
  • TomFerrari
    Posted on April 10, 2012 at 7:26pm

    I thought women wanted EQUAL RIGHTS. If so, they need to pass the same physical tests as men.
    In a crisis situation, the criminal isn’t going to run slower or hurdle only low fences if he is being chased by a female agent, rather than a male agent.
    If you need to carry your partner to safety, they don’t get lighter because their partner is female.

    Dude’s got a case.

    Report Post » TomFerrari  
    • marine249
      Posted on April 10, 2012 at 7:31pm

      as a retired police officer i am with you.

      Report Post »  
    • Cemoto78
      Posted on April 10, 2012 at 7:36pm

      Can’t argue with that sound logic.

      Report Post » Cemoto78  
    • oldguy49
      Posted on April 10, 2012 at 7:37pm

      go get them…………

      Report Post »  
    • vehoae
      Posted on April 10, 2012 at 7:44pm

      Well, TOMFERRARI, everything is based on socially political correctness. As a thirty-year Fed, this type of preferential treatment within the ranks doesn’t surprise me one bit.

      Over at the Defense Department, you’ve got socially acclimated generals working out regulatory language for new guidelines allowing members of the military to wear the clothing of the sex opposite from that with which they were born …. including those who enjoy cross-dressing, or those who have actually had so-called sex change operations.

      Remember last August when the Defense Department issued new guidelines prohibiting soldiers from farting or cussing around muslim Afghanistans? http://militarytimes.com/blogs/battle-rattle/2011/08/23/for-marines-in-afghanistan-be-careful-where-you-fart/

      So this news of preferential treatment at the FBI really shouldn’t come as any big surprise.

      Report Post »  
    • The Gooch
      Posted on April 10, 2012 at 8:27pm

      Yep. And you can thank him for the further pussification of the U.S. Onward to progress.

      Report Post »  
    • Psychosis
      Posted on April 10, 2012 at 8:30pm

      i find it interesting your position on this matter , a it is the lefty cry baby politics that produce this type of thing

      Report Post » Psychosis  
    • RetUSAFVet
      Posted on April 10, 2012 at 9:09pm

      EQUAL RIGHTS for women has never been the reason. It was for equal PAY, even without equal WORK or QUALIFICATIONS. Many years ago, Wimbledon had two different pay (prize ) amounts, one for M and one for F. Then someone sued, and the wusses at Wimbledon caved to the pressure. So now you have both genders receiving the same prize amount – EVEN THOUGH THE WOMEN ONLY PLAY THE BEST OF THREE AND NOT THE BEST OF FIVE that the men have to play. EQUAL RIGHTS – I don’t think so.

      Report Post » RetUSAFVet  
    • Slice_Of_Life
      Posted on April 10, 2012 at 10:08pm

      As a career female LEO I completely agree that there should NOT be any double standards/modifications to physical strength and agility testing. In 1987 I took the LEO strength and agility test as the only female competing with 50 plus males for 6 LEO slots. When it came my turn for the push-ups I was advised I could do the “modified female” push-ups. I said “Thanks, but no thanks”. I busted out 30 military style-piece of cake. (Yes, I knew what to expect so I worked out hard and was in amazing condition). Each station I approached to face the next challenge, I was offered the “modified” version and each station I did the skill the same as my male colleagues. That is why 25 years later I still garner the respect from my male partners. I wanted to attain my position on my MERIT not my gender. To this day I remain proud of my accomplishments and it doesn‘t matter if people who don’t know me “think” I got my appointment for nafarious reasons..but I know it was my determination. I expect anyone who wants a first responder/law enforcement job to want it so badly they won’t simply meet the minimum requirements but exceed them. And no, I’m not built like a bulldog, not an androgenous “Pat”, just a physically fit expert marksman intelligent girly girl who gets the job done. (TBL) ABO 2012 OMG

      Report Post » Slice_Of_Life  
    • TomFerrari
      Posted on April 11, 2012 at 11:54am

      @slice_of_life…
      We need more women (and men) like you!!!!

      All…
      RE: my original post, I’m not condoning his lack of fitness, rather I am highlighting the double standard, which I most certainly do not condone.

      Report Post » TomFerrari  
    • Slice_Of_Life
      Posted on April 11, 2012 at 11:13pm

      Tom, Thank you for your very nice remark. After reading several of the comments to this article it appears that it’s the “norm” for many people to do just enough to get by or perhaps it’s just the publics perception. I guess I was raised much differently. As I was growing up and preparing for a test or activity for school (or life) my parents always gave me words of encouragement. Without fail they would say “Do your best and a little bit better” and you’ll do fine. I don’t want to be “average” at anything ~ I want to excel. Sure, it’s more difficult but who wants to go through life without challenging themselves mentally and physically? If we all could embrace my Dad and Mom‘s wisdom and always strive to do a little better or try a little harder maybe our great Nation wouldn’t have so many “occu-criers” and generational entitlement parasites. (TBL) ABO 2012 OMG!

      Report Post » Slice_Of_Life  
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