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Employee Told to Retake Physical Fitness Test Could Proceed with Bias Claims

January 9, 2023

Via: SHRM
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A doctor who brought sex and age discrimination claims against the U.S. attorney general because she failed an allegedly discriminatory physical fitness test that was a condition of her employment and was told to either retake the test, resign or be fired could go forward with her claims, a federal appeals court ruled.

The doctor had resigned her position, and a trial court dismissed her complaint for lack of standing under Article III of the U.S. Constitution. “Article III standing” refers to a plaintiff’s right to bring a lawsuit to court. In this case, the federal appeals court ruled the plaintiff has Article III standing if she suffers an injury that is a result of the challenged conduct and is likely to be remedied if the court rules in her favor.

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