Tampa Police Officer Advances Disability, Pension Bias Lawsuit

Tampa, Fla., was denied a quick win on claims by a retired police officer that he was discriminated against based on a job-related disability and denied overtime work to lower his pension.

The ruling Tuesday by the US District Court for the Middle District of Florida rejected the city’s contention that because the officer’s disability bias claims under Florida law involve the same facts as his claim under the Employee Retirement Income Security Act, the state law claims were preempted by ERISA.

The “express preemption” that’s usually triggered in such situations didn’t apply, because the officer’s claims under the Florida ...