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Requiring a lifeguard applicant to take a swim test using a State issued ?Speedo? swimsuit is not an act of unlawful discrimination because of age

Requiring a lifeguard applicant to take a swim test using a State issued ?Speedo? swimsuit is not an act of unlawful discrimination because of age
Matter of Lester v New York State Off. of Parks, Recreation & Historic Preservation, 2009 NY Slip Op 01651, Decided on March 3, 2009, Appellate Division, Second Department

The New York State Division of Human Rights dismissed Roy J. Lester?s complaint filed pursuant to the State's Human Rights Law after finding that there was no probable cause to believe that the New York State Office of Parks, Recreation & Historic Preservation engaged in unlawful age discrimination with respect to his reemployment as a lifeguard.

57-year-old Lester applied to be rehired as a seasonal lifeguard at Jones Beach State Park. He alleged that Parks and Recreation engaged in illegal age discrimination when, on several testing dates he was not permitted to take the re-qualification test to be rehired because he refused to wear a State issued "Speedo" swimsuit.

The Appellate Division rejected his appeal from the Division?s determination because it was untimely.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_01651.htm

Full post as published by New York Public Personnel Law on April 22, 2009 (boomark / email).