U.S. Man, 61, Suing over Skimpy Lifeguard Trunks

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

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.