Age Discrimination Claim Is Not Preempted By ERISA, Florida Federal Judge Says

(April 25, 2018, 11:02 AM EDT) -- TAMPA, Fla. — A former employee’s age discrimination claim is not preempted by the Employee Retirement Income Security Act because the Florida Civil Rights Act provides an independent legal basis for the age discrimination claim, a Florida federal judge said April 20 in denying the defendants’ motion to dismiss (John Morton v. Nexagen Networks Inc., et al., No. 18-386, M.D. Fla., 2018 U.S. Dist. LEXIS 66521)....

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