"The Federal Bureau of Investigation (FBI) is our Nation's premier law enforcement agency and often conducts highly dangerous operations and arrests of armed and dangerous criminals and terrorists. Each FBI field office has a Special Weapons and Tactics (SWAT) team comprised of FBI Special Agents with enhanced training and equipment to safely execute dangerous missions. All FBI Special Agents must pass a physical fitness test (PFT) to graduate from the FBI Academy. However, FBI SWAT teams have a more rigorous physical fitness tests (PFT) which must be passed annually. The FBI SWAT PFT requires all applicants and members to perform three "dead hang" pull ups while wearing a full operational load of 40 lbs. to simulate the ability to pull oneself over a high wall wearing required SWAT gear. Historical data collected by the FBI over the past ten years reveals that 75% of male applicants/members pass this test on first try annually whereas only 20% of female applicants/members pass this test on first try annually."

Assume you are a junior attorney working for the EEOC, summarize the results of your analysis of the facts and law andgive your reasoned opinion to your supervisor whether the EEOC should file a lawsuit for gender discrimination against the FBI and what remedies or relief the EEOC should seek.