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Roy Lester tells the New York Daily News (http://nydn.us/oFL3E0) he was forced out of the job after 40 years in 2007 when he wanted to take the swim test in biking shorts instead of the tiny swim trunks.
He filed a lawsuit against the state Office of Parks, Recreation and Historic Preservation in 2009. The lawsuit had been dismissed but was reinstated by an appeals court last week.
Lester is a triathlete, but says no one his age should be wearing tiny trunks. He says the bathing suit requirement was aimed at getting rid of older lifeguards.
State officials declined to comment.
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Information from: Daily News, http://www.nydailynews.com/
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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