A 61-year-old lifeguard at Nassau County's Jones Beach alleges he was fired because he—wisely—refused to wear a Speedo for the state's requisite annual swim test. He is suing New York's Office of Parks & Recreation for age discrimination.
Roy Lester says no man his age has any business wearing the form-fitting swimsuit in public: "I wore a Speedo when I was in my 20s,” he told the New York Daily News. "But come on. There should be a law prohibiting anyone over the age of 50 from wearing a Speedo.” You got a point there, Roy.
Lester argues that the Speedo requirement was implemented to force aging lifeguards like him offthe beach. He filed two previous age discrimination suits in 2008 and 2009. Both were dismissed. But last week, an appeals court ruled that his lawsuit could proceed.
State policy requires male lifeguards to wear “boxer, briefs or board shorts” during the annual 100-yard swim they must complete in 1 minute and 15 seconds, according to the Daily News.
City regulations require lifeguards to don the designated bathing suits for the test; the specific size, type—and whether it should be hot, sexy red—are not referenced.