Employer in the Deep End

The Equal Employment Opportunity Commission (EEOC) filed an age discrimination lawsuit against Nassau County of Long Island New York on behalf of Jay Lieberfarb. Lieberfard, a seventy-one year old lifeguard with fifty years of experience, was suspended and later terminated for failing a swim test. However, Nassau County did not suspend or terminate younger lifeguards who had failed the same swim test. The younger lifeguards were allowed to continue working despite their failure to pass the swim test. The EEOC claimed Nassau County had discriminated against Lieberfarb on the basis of age in violation of the Age Discrimination in Employment Act (ADEA). Nassau County agreed to pay $65,000 in backpay in order to put an end to the lawsuit. Nassau County is also required to revise their non-discrimination policies pursuant to a consent decree. For more information on this age discrimination lawsuit look at the article on CBC News by clicking here.


The EEOC is a government agency which enforces Federal laws enacted to protect employees from discrimination in the workplace. The Age Discrimination in Employment Act (ADEA) protects the rights of employees subjected to employment discrimination on the basis of age. For more information on age discrimination click here.