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New York lifeguard, 71, settles age discrimination lawsuit

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

Photo: Flickr/Ben Tilley

The U.S. Equal Employment Opportunity Commission tells Newsday 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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