Video: No Speedo, no job?

updated 8/18/2011 4:03:03 PM ET 2011-08-18T20:03:03

A 61-year-old New York man says he lost his job as a lifeguard when he refused to wear skimpy swim trunks for the annual swim test.

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Roy Lester told the New York Daily News 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.

"I wore a Speedo when I was in my 20s," Lester said. "But come on. There should be a law prohibiting anyone over the age of 50 from wearing a Speedo."

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 said the bathing suit requirement was aimed at getting rid of older lifeguards.

State officials declined to comment.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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