Lifeguard says he was fired for refusing uniform

August 19, 2011 4:10:16 AM PDT
In New York, a lifeguard says he was fired after he refused to wear the uniform he was provided.

That uniform was very tight Speedo.

Roy Lester, 61, has 40 years of lifeguarding experience. When he went to get his recertification four years ago, he was told he had to wear a Speedo.

When he refused, he was fired.

So Lester sued the state, saying the itty bitty swimwear is for the younger generation. His suit was thrown out twice until last week, when an appeals court reinstated his claim.

"For the person wearing it, for the people who have to look at the people wearing it," said Lester. "You ask the people out there if they want to see a 61-year-old in Speedos."

Most people at the beach seem to agree with Lester.

"I don't think it's right that you have to show your junk, that's all," said one beach-goer. "It's just nasty."

"I do agree that anyone above 30 shouldn't be wearing a Speedo," added another.

Lester says he's suing for age discrimination, but would really just be happy to be back on the beach doing what he loves best.

The state wouldn't comment, saying they couldn't discuss pending litigation.

This story comes from our sister station, WABC-TV, in New York.

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