Legal Opinion

Bauer v. Sessions

District Court, E.D. Virginia

Decided May 25, 2017No. Case No. 1:13-cv-93Published

1Opinion of the Court

MEMORANDUM OPINION

T.S. Ellis, III, United States District Judge

At issue on remand in this sex discrimination case are the parties’ cross motions for summary judgment. The dispositive question is whether the gender-normed physical fitness test (“PFT”) implemented by the Federal Bureau of Investigation for new agent trainees (“NATs”) constituted unlawful disparate treatment on the basis of sex1 by imposing a significantly greater burden of compliance on men than on women. In other words, the question is whether the FBI’s gender-normed fitness *811standards required men and women to demonstrate the…

2Cases cited9 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Rossignol v. VoorhaarCourt of Appeals for the Fourth Circuit · 2003
  4. City of Los Angeles Department of Water v. ManhartSupreme Court of the United States · 1978
  5. International Union, United Automobile, Aerospace & Agricultural Implement v. Johnson Controls, Inc.Supreme Court of the United States · 1991

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