Judge Clears Way for Trial in Alleged Racial Bias at PetSmart

A federal judge ruled a jury could find a PetSmart employee denied service to a Black customer based on race.

Apr. 3, 2026 at 10:21pm

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An extreme close-up photograph of a pet store item such as a fish food bag, lit by a harsh, direct camera flash against a pitch-black background, creating a stark, gritty, investigative aesthetic that conceptually represents the investigation into alleged racial discrimination at this PetSmart location.A harsh flash-lit close-up of a pet store item evokes the stark, gritty investigation into alleged racial discrimination at this PetSmart location.King of Prussia Today

A federal magistrate judge has ruled that a lawsuit alleging racial discrimination at a PetSmart store in King of Prussia, Pennsylvania can proceed to trial. The lawsuit was filed by Marguerite Faulckes, a Black woman who claims a PetSmart employee, Liz Palumbo, refused to sell her a fish due to her race. The judge found that a reasonable jury could determine Palumbo's actions violated Faulckes' civil rights.

Why it matters

This case highlights ongoing concerns about racial bias and discrimination in retail settings, particularly in interactions between employees and customers. The judge's ruling suggests the court believes there is sufficient evidence for a jury to potentially find the PetSmart employee's actions were motivated by racial prejudice, rather than a legitimate concern for the fish's welfare as the company has claimed.

The details

According to the lawsuit, Faulckes, a grandmother, went to the PetSmart store with her 3-year-old granddaughter to buy a fish. Faulckes says when she approached employee Liz Palumbo to purchase a fish, Palumbo 'had a look of disgust' and said, 'I'm not serving you people anything because you're not going to take care of it.' Palumbo denies making any comments about race, and claims she refused to sell Faulckes the fish because Faulckes planned to keep it in a tote bag instead of a proper fish tank, and said she didn't need the fish to live long.

  • On March 24, 2024, the alleged incident occurred at the PetSmart store in King of Prussia, Pennsylvania.
  • On April 3, 2026, the federal magistrate judge ruled the lawsuit could proceed to trial.

The players

Marguerite Faulckes

A Black woman who filed a lawsuit against PetSmart alleging racial discrimination after a store employee refused to sell her a fish.

Liz Palumbo

A PetSmart employee who allegedly refused to sell Faulckes a fish, claiming concerns about the fish's welfare.

Pamela Carlos

A federal magistrate judge who ruled that a reasonable jury could find Palumbo's actions violated Faulckes' civil rights.

PetSmart

The national pet supply retailer where the alleged racial discrimination incident took place.

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What they’re saying

“'At trial, the factfinder will weigh Ms. Faulckes' testimony against Ms. Palumbo's testimony, and, in reaching a verdict, will make a credibility determination to accept one version of events over the other.'”

— Pamela Carlos, Federal Magistrate Judge

“'If the factfinder were to accept Ms. Faulckes' testimony that Ms. Palumbo would not sell her and F.F. the same kind of fish sold to a Caucasian customer, and that, in doing so, Ms. Palumbo did not follow the PetSmart's HEAR/HEART policy, the factfinder could infer the denial of sale was based solely on race because Ms. Faulckes' testimony is that Ms. Palumbo did not know anything about her, beyond her race.'”

— Pamela Carlos, Federal Magistrate Judge

What’s next

The case will now proceed to trial, where a jury will hear testimony from both Faulckes and Palumbo and determine whether Palumbo's actions were motivated by racial bias.

The takeaway

This case highlights the ongoing challenges in addressing racial discrimination in retail settings, where employees' personal biases can lead to unequal treatment of customers. The judge's ruling suggests the court believes there is sufficient evidence for a jury to potentially find the PetSmart employee's actions were discriminatory, underscoring the importance of thorough employee training and clear policies to prevent such incidents.