(CN) – A 57-year-old man missed his chance to sue for discrimination after refusing to wear a Speedo swimsuit during his lifeguard test, a New York appellate division ruled.
Roy Lester complained that the New York State Office of Parks, Recreation & Historic Preservation discriminated against him by refusing to allow him to take a re-qualifying test to become a seasonal lifeguard at Jones Beach State Park. He tried to be hired as a new employee but was also denied.
The New York State Division of Human Rights found that the parks office did not discriminate against Lester.
The appellate judges ruled that Lester had the right to appeal, but he missed the 60-day window of opportunity by two days.
“Contrary to the petitioner’s contention, his time to commence the proceeding was not extended,” the judges wrote. “Additional time for service by mail is expressly restricted to service in a pending action.”