Trial lawyers specializing in personal injury and civil litigation
Reverse discrimination claim is dismissed for lack of proof of qualification
Pamela Lumetta sued U.S. Foodservice, Inc., arguing that she was not promoted, and ultimately was discharged, as a result of racial discimination. A caucasian, Lumetta was a temporary employee when she was informed that her position as mailroom clerk was being eliminated. She argued that she should have been promoted rather than terminated, and that she was better qualified than the non-white employees who filled the jobs to which she aspired. The Court held that since she had not proved that she was qualifed for promotion, she could not support her discrimination claim.