By C1 Staff
HUDSON COUNTY — A white correctional officer’s suit for reverse discrimination will move forward after a federal judge rejected the bid to toss the case due to late filing.
NJ.com reports that Giacomo Noviello sued the county in 2010 after being allegedly wrongly fired for excessive absences, even though about 62 African-American correctional officers had absences far greater than his and are still employed at the jail.
Noviello was fired in 2005 not only for excessive absences but also for insubordination, according to the county. The county argued that Noviello didn’t file his complaint until almost five years after his termination, which exceeded the four-year statute of limitations.
Judge Jose Linares denied the summary judgement motion on April 23, allowing Noviello’s lawsuit to proceed.
He is seeking back pay from the county as well as funds for “emotional distress.”
Noviello was hired in 1997 and received a warning early in 2005 that he had exhausted all of his sick time from 2004 and noting his excessive absences, according to court documents.
He then exhausted his allotted 15 sick days for the year by early February 2005, and missed work for 11 consecutive days between Feb. 9 and Feb. 23, 2005.
He was terminated though he claimed he was caring for ill family members during that time period.