Bauer v. Holder

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue on cross-motions for summary judgment in this Title VII1 case is whether the Federal Bureau of Investigation’s (“FBI”) gender-normed physical fitness test (“PFT”) that all FBI New Agent Trainees (“NATs”) must pass constitutes impermissible disparate treatment under Title VII. As a NAT, plaintiff failed to perform the 30 push-ups required for male NATs, and argues that this requirement, given that female NATs are required to perform only 14 push-ups, discriminates against him on the basis of sex and thus violates Title VII. Defendant…