Takeaway: An employee who resigned from her job after failing what she claimed was a discriminatory physical fitness test could proceed with sex and age discrimination claims.

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.

In July 2014, the doctor accepted a job as a psychiatrist with the Bureau of Prisons (BOP) at the Federal Correctional Complex in Petersburg, Va. At that time, she was 67 years old.

As a condition of her hiring, she—like all new BOP employees regardless of age, position or gender—had to take and pass a physical abilities test. Employees taking the test were required to:

• Drag a 75-pound dummy at least 694 feet for three minutes.
• Climb a ladder to retrieve an object within seven seconds.
• Complete an obstacle course in 58 seconds.
• Run a quarter mile and...

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