BAUER v. LYNCH

No. 14-2323.

812 F.3d 340 (2016)

Jay J. BAUER, Plaintiff-Appellee, v. Loretta E. LYNCH, Attorney General, Department of Justice, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2016.


Attorney(s) appearing for the Case

ARGUED: Charles W. Scarborough , United States Department of Justice, Washington, D.C., for Appellant. Michelle Reese Andrew , Andrew Law Group LLC, Wilmette, Illinois, for Appellee. ON BRIEF: Dana J. Boente , United States Attorney, Office of the United States Attorney, Alexandria, Virginia, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Marleigh D. Dover , Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Paul K. Vickrey , Niro, Haller & Niro, Chicago, Illinois; Craig C. Reilly , Alexandria, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge King wrote the opinion, in which Judge Harris and Judge Hazel joined.


For more than ten years, the FBI has measured the physical fitness of its New Agent Trainees ("Trainees") by using gender-normed standards. In July 2009, plaintiff Jay J. Bauer flunked out of the FBI Academy after falling a single push-up short of the thirty required of male Trainees...

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