The EEOC had charged that Nassau County discriminated against Jay Lieberfarb, a 71-year-old lifeguard with 50 years of experience by first suspending, then discharging, him after he failed a swim test (see “NY County Sued for Age Bias over Lifeguard Firing”). Younger lifeguards, were not suspended or discharged, and instead were permitted to continue working despite failing the same swim test, the EEOC said.
In addition to the $65,000 in back pay to be paid to Lieberfarb, the three-year consent decree resolving the case includes injunctive relief enjoining Nassau County from any further age discrimination or any retaliation for taking part in an EEOC investigation; revision of Nassau County’s non-discrimination policy; anti-discrimination training; posting of a notice about the EEOC and the lawsuit; monitoring; and reporting to the federal agency. EEOC’s Trial Attorney Konrad Batog, commented: “Mr. Lieberfarb dedicated his life to the lifeguard profession and deserved the same treatment that younger lifeguards received. This consent decree will provide Mr. Lieberfarb with all of his lost wages and help make sure that other older employees of Nassau County are treated no differently than their younger counterparts.”