35.1 Use the IRAC Method to breifly identify the Issue, the Legal Rule (Legal Te

Question

35.1 Use the IRAC Method to breifly identify the Issue, the Legal Rule (Legal Test), the Facts Applied to the Test (Analysis), and the Conclusion/ Holding of the case.

Case Analysis 35.1 Bauer v. Lynch utes Court of Appeals, Fourth Circuit, 812 F.3d 340 (2016) the Language of the Court graduation. Unfortunately, Bauer faccd a dilemma: The Atorney he was unable to pass the During his twenty-two wecks at The FBl trains its Special Agent tuis at the FBI Academy in Quan the Academy, Bauer took the PFT five Title VI requires that any "personnel nia.All Trainees must nusical fitness test (the "PFT") passed but for his failure to achieve cants for employment" taken by federal The FBI requires every Special the minimum standard for push-ups. employers shall be made fre from any Bauers results, and his corresponding point scores for each event, were as gent recruit to pass the PFT twice: discrimination A plaintiffis entitled to demonstrate dis- crimination by showing that the emplayer pr in admission to the Academy. nd a second time to graduate Sit- 300 meter Pash- 1.5-mile Total Trainee:" * need to satisfy the | Week Court buts ontlined falowing S Eent 300-meter sprint 52.4s 64.9s Weck 1 40 (2) 42.6 sec. (8) 26 (0) 10-49 (4) 14 Men Women 38 Week 7 47(4) 43.4 sec. (7) 25 (0) 10-24 (5) 16 imple test " for tdenrifying Week 14 50 (6) 43.7 sc. (7 28 (0) 10-45 14) 17 facial sex discrimination: such Week 18 51 (6) 43.8 sec. (7) 27 (0) 1109 (4) 17 iscrimination appeavs "where 16) 29 (0) 1057() 15 tbe evidence shows trearment of Following his final failure of the PFT, ? person i ra manner u Bauer was (allowed to] resign with persons sex would be different. "[Emphasis the possibility of future employmentadded.) with the FBI.Bauer*imme- diately signed a resignation leter. Two [this) test and concluded that, because weeks later, the FBI offered Bauer a posi- Bauer would have been held to a lower tion as an Intelligence Analyst in its Chi- minimum number of push-ups had he 30 12m, 42s 13m, 5s The district court applied After the attacks of September 11 d to con- ribute to the defense of our country by becoming a Special Agent in the 20, Jay Bauer resolved diat At the time.,] he served as an cago Field Office He accepted and has been a woman, the gender-normed PFT wistant professor at the University of ben employed in that position since. standards constitute facial sex discrimina n. The Attorney General maintains on Bauer filed this Title VII action appeal, however, rhat because the PFT assesses an overall level of physical fitn Bauer took the PFT for the irr time and failed. Although he achieved sixteen points on the test, only twenty-five in [a federal district court] against Loretta Lynch.] the Attorney General. and equally fit men and women possess According to the claims in Bauer's innate physiological differences that lead osth-ops. The FBI allowed Bauer omplaint, the FBl's use of the gender- to different performance outcomes. t require the same level of fitness for all ?tst[three months later] and he Pasi-ups. With his fitness screening se normed PFT standards contravened that time completing thirty-n?.. . Title VII···which prohibi ps With his fitness screeningsex discrimination by federal Trainees. In that way, the Attorney Gen eral contends, the PFT standards do not treat the sexes differently and therefone the FBI invited Bauer to do not contravene Ti In his summary judgment motion, aatpotential for a career as a Baucr maintained that the FBI's use of pased all academic the gender-normed PFT standards was categorization, such as by sex or racel. ** The district court agreed with Bauer's time at the Academy largely The Attorney Generalmain of men and women based upon inherent physiological differences is nor only law facially discriminatory linvolving explicit tains that .some differential t sand proficiency in his ctics training, met all expectations for the practi- ful but also potentially required ) Men and women simply are not physiologically the same for the purposes ons and skills components Bauer, granting his motion for summary elected him as the class leader on for the Academy ment.

Explanation / Answer

Caption: Bauer v Lynch

Cause of Action: The plaintiff failed in the physical test of FBI Academy, being unable to do the required number of push-ups. He filed a suit against FBI Academy on grounds of discrimination

Legal Issues and Rules:

Civil Rights Act Title VII played a critical role in this case. This title prohibits discrimination from employer on any kind of bias like sex, religion, race, sect, etc. This serves the basis of providing equal employment opportunities to all.

Ruling and Reason: The district court had initially applied the wrong legal rule in this case and had given the verdict in plaintiff’s favor. However, the Fourth Circuit reexamined the case and found that the defendant was employing on physiological differences between man and woman as the basis of the selection criteria. There was no discrimination done on gender basis. Hence the case was remanded.

Citation: 692 F.2d 602 - GERDOM v. CONTINENTAL AIRLINES, INC., United States Court of Appeals, Ninth Circuit.

14 F.3d 941 - PHP HEALTHCARE CORP. v. EMSA LTD. PARTNERSHIP, United States Court of Appeals, Fourth Circuit.

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