Summer is in full swing, and with hot and humid weather expected this weekend, many New Jersey residents may seek relief with cooling waters at the shore, area lakes or local pools. In many locations, the state or private organizations hire and post lifeguards for swimmers’ safety. While many of the lifeguards are younger, often holding the position as a summer job during their break from college, this is not necessarily the case.

Some lifeguards devote years and even decades of their lives to preventing harm from befalling the rest of us. One 71-year-old man had been lifeguarding for the past five decades until Nassau County authorities fired him after he failed to pass a swimming proficiency test. The U.S. Equal Employment Opportunity Commission brought an age discrimination lawsuit on his behalf alleging that his employers treated him differently than younger workers, violating provisions of the Age Discrimination in Employment Act. Two weeks ago the sides announced a settlement in the case.

The crux of the case lay in the differential treatment the county applied to lifeguards who did not pass the test. Failure ordinarily was not immediate grounds for termination–at least among younger lifeguards. They were given the chance to take the test again and could even work pending the retest. But the county never gave the man that option. His superiors suspended him following his failed test and fired him before he could get a second opportunity to prove himself.

This case is not about the man’s worthiness as a lifeguard, but his rights to be treated fairly and equally under applicable employment laws. As an EEOC district director succinctly stated, “Employers cannot treat their older workers less favorably than their younger employees–they must be treated in the same manner as all others.”

Under the terms of the settlement, the man will receive $65,000. In addition, Nassau County will have to report back to the EEOC, provide employees with non-discrimination training and revise its own anti-discrimination policy.

Source: U.S. Equal Employment Opportunity Commission, “Nassau County to Pay $65,000 to Settle EEOC Age Discrimination Suit,” June 13, 2012.