Only a few months ago, the New York Times was reporting that few lawyers will take age discrimination cases, in part because of a new, tougher standard that the U.S. Supreme Court imposed a few years back. But that doesn't mean older workers have stopped filing claims with the Equal Employment Opportunity Commission.
Standard policy or discrimination? A New York man says he was fired from his job as a lifeguard in 2007 because he refused to wear the required bikini-style swimsuit for an annual qualifying swim test. Roy Lester, now 61, filed a lawsuit claiming age discrimination. Lester, who has 40 years of water safety experience, says older lifeguards were slowly being phased out of Jones Beach and the swimsuit mandate was a way to do it. An appeals court recently reinstated a second suit which was dropped in 2009 after the first claim was dismissed.
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