The U.S. Forest Service employs smokejumpers whose job it is to parachute into remote areas of national

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The U.S. Forest Service employs “smokejumpers” whose job it is to parachute into remote areas of national forests to fight fires. Smokejumpers must pass an annual physical fitness test that includes finishing a 1.5 mile run in 11 minutes or less. Ronnie Rucker passed the test and worked as a smokejumper each year from 1973 through 2004. In 2005, at the age of 51, Rucker was unable to pass the running portion of the test despite making ten tries at it. Following the failed test and before Rucker could be removed from his position, he was in a plane crash on the job. Although injured, Rucker helped rescue other occupants of the plane. He subsequently received a medal of heroism for his efforts in the plane crash. In 2006, Rucker returned from medical leave and was again required to take the physical fitness test. He took the test three times and in his best effort completed the run in 11 minutes and 3 seconds. He was deemed to have failed the test and his employment was terminated. Between 2002 and 2005, test-takers under age 40 completed the run in an average of 9 minutes and 25 seconds, while those over 40 averaged 10 minutes and 18 seconds. Does Rucker have a valid adverse impact claim?

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