Fired At 71, Lifeguard Gets $65,000 In Age-Bias Suit

lifegard wins age-bias lawsuit

VALLEY STREAM, N.Y. -- A New York lifeguard who was fired at age 71 has settled an age-discrimination lawsuit for $65,000.

The U.S. Equal Employment Opportunity Commission tells Newsday (http://bit.ly/LmuN22) that Jay Lieberfarb had 50 years of experience as a lifeguard when he failed a Nassau County swimming test in 2009. Lieberfarb lives in Valley Stream on Long Island and is now 74.

According to his lawsuit, he failed two swimming tests but was given a second chance. The suit says Lieberfarb passed one test but injured himself before he could take the second test and was told to return with a doctor's note. He was fired before he could provide the note.

The EEOC said younger lifeguards who failed the test were permitted to continue working until they passed it.

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Information from: Newsday, http://www.newsday.com






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N68Firebird

I would not want to be caught in a riptide with this guy on duty, to tell you the truth. If he can't pass the test, he shouldn't have the job, period. I do not consider this a case of age discrimination. But, then again, the EEOC is a pack of IDIOTS, so this is not surprising.

June 18 2012 at 7:54 PM Report abuse rate up rate down Reply
1 reply to N68Firebird's comment
skiman1054

did you actually read the article , other younger guards were permtted to continue to work until they PASSED the test! gee whiz, read

June 18 2012 at 8:07 PM Report abuse rate up rate down Reply
ROY

How are these ads getting in the comment section. Look at LL. This is an ad pure a simply and should be flagged unless of course AOL is in on it. I resent it. This belittles a real comment section.

June 18 2012 at 7:27 PM Report abuse rate up rate down Reply
gbaker9916

Coming soon to a fire department near you. 80 year olds saving your children. Oh boy.

June 18 2012 at 7:03 PM Report abuse rate up rate down Reply
Eegaadzoooks

Hooray! I'm so glad he won his lawsuit!

June 18 2012 at 6:20 PM Report abuse rate up rate down Reply
1 reply to Eegaadzoooks's comment
Taina

I bet you wouldn't swim near his area.

June 18 2012 at 7:36 PM Report abuse rate up rate down Reply
wongtpa

Everyone floats.

June 18 2012 at 6:03 PM Report abuse rate up rate down Reply
jrzshor

what's wrong with america? this story!!!

June 18 2012 at 4:49 PM Report abuse +1 rate up rate down Reply
balancecombat

Wow! Fifty years working as a lifeguard. Around the Sun and young people all of your ife. What a lucky guy.
And even if he faild one test, he obviously passed it all the previous years; thus, he must be in great shape.
I turned sixty one tomorrow and train MMA fighters in a gym I own.. I also have much younger instructors that help me, but I cherish very day that I am able to get in the ring or on the mat and mixed it up with my much youner counter parts..Lucky for me, I own the gym , so no one is firing me; but perhaps, at 71 I might go unnoticed. And I think that is what hurts the most. He obviously loved his job..

June 18 2012 at 4:12 PM Report abuse rate up rate down Reply
mike peters

I know Jay and I am sorry he had to sue the L.I.S.P.C . He is a good man and he was an excellent lifeguard . I hope he has other interests now and that he can live a quality life.

June 18 2012 at 3:35 PM Report abuse rate up rate down Reply
suemea

If he passed one test, as this article states, why was there a ned for a second test? If he passed he shouldn't have been fired.

June 18 2012 at 3:28 PM Report abuse rate up rate down Reply
1 reply to suemea's comment
RONNIE THE MAN

can you read he passed one of the two required tests

June 18 2012 at 4:43 PM Report abuse rate up rate down Reply
Mark Lathom

71 years old, are they talking about Mitch Buchannon?

Does it scare anyone else that there are that many working lifeguards who can't pass the swimming test?

June 18 2012 at 2:58 PM Report abuse +3 rate up rate down Reply
1 reply to Mark Lathom's comment
janet2derek

yes it is scarey. and how about the strength of a 71 yr old to haul in an unconsious person. Maybe a lifeguard in a pool but not in the ocean which is so much more dangerous

June 18 2012 at 4:26 PM Report abuse +3 rate up rate down Reply

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