Filing # 172936137 E-Filed 05/11/2023 11:45:26 AM
`
`MARIA SOCORRO ACUNA,
`Plaintiff,
`v.
`GREATER MIAMI
`HEBREW ACADEMY
`Defendant.
`_______________________/
`
`IN THE CIRCUIT COURT OF THE
`11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI DADE COUNTY, FLORIDA
`
`Case No.: ______________________
`
`COMPLAINT
`COMES NOW, the Plaintiff, MARIA SOCRRO ACUNA, (“Plaintiff”), by and through
`
`the undersigned counsel, and pursuant to Rule 1.040, Florida Rules of Civil Procedure, hereby
`
`files this Civil Action against the Defendant, GREATER MIAMI HEBREW ACADEMY,
`
`(“Defendant”), and in support avers as follows:
`
`GENERAL ALLEGATIONS
`1. This is an action by the Plaintiff for damages exceeding $50,000 excluding attorney fees
`
`or costs, pursuant to the Florida Civil Rights Act of 1992, Florida Statutes, Chapter 760,
`
`et seq. (“FCRA”), to redress injuries resulting from Defendant’s unlawful, discriminatory
`
`treatment of Plaintiff.
`
`2. Plaintiff is a person within a class of individuals protected by the FCRA.
`
`3. Plaintiff was and continues to be a resident of Miami, Florida; and was an employee of
`
`Defendant, performs duties as a member of the Maintenance Staff for the Defendant,
`
`within a company operated business facilitated, located in Miami, Florida.
`
`
`
`MARIA SOCORRO ACUNA,
`Plaintiff,
`v.
`GREATER MIAMI
`HEBREW ACADEMY
`Defendant.
`_______________________/
`
`IN THE CIRCUIT COURT OF THE
`11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI DADE COUNTY, FLORIDA
`
`Case No.: ______________________
`
`COMPLAINT
`COMES NOW, the Plaintiff, MARIA SOCRRO ACUNA, (“Plaintiff”), by and through
`
`the undersigned counsel, and pursuant to Rule 1.040, Florida Rules of Civil Procedure, hereby
`
`files this Civil Action against the Defendant, GREATER MIAMI HEBREW ACADEMY,
`
`(“Defendant”), and in support avers as follows:
`
`GENERAL ALLEGATIONS
`1. This is an action by the Plaintiff for damages exceeding $50,000 excluding attorney fees
`
`or costs, pursuant to the Florida Civil Rights Act of 1992, Florida Statutes, Chapter 760,
`
`et seq. (“FCRA”), to redress injuries resulting from Defendant’s unlawful, discriminatory
`
`treatment of Plaintiff.
`
`2. Plaintiff is a person within a class of individuals protected by the FCRA.
`
`3. Plaintiff was and continues to be a resident of Miami, Florida; and was an employee of
`
`Defendant, performs duties as a member of the Maintenance Staff for the Defendant,
`
`within a company operated business facilitated, located in Miami, Florida.
`
`
`
`4. Defendant is an “employer” pursuant to Florida Civil Rights Act of 1992, Fla. Stat.
`
`Section 760.01, et seq., (“FCRA”) because it employs fifteen (15) or more employees for
`
`the applicable statutory period; and thus, it is subject to the employment discrimination
`
`provisions of the applicable statutes.
`
`5. Plaintiff was at all times relevant to this action, working for Defendant in Miami Dade
`
`County, Florida, within the jurisdiction of this Honorable Court.
`
`6. Venue is proper in Miami Dade County under Section 47.011 and 47.051, Florida
`
`Statutes, because all of the actions complained of herein occurred within the jurisdiction
`
`of Miami Dade County, Florida and damages are in Miami Dade County, Florida.
`
`7. Plaintiff timely filed a charge of employment discrimination with the Equal Employment
`
`Opportunity Commission (EEOC), the agency which is responsible for investigating
`
`claims of employment discrimination.
`
`8. All conditions precedent for the filing of this action before this Court have indeed been
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`previously met, including the exhaustion of all pertinent administrative procedures and
`
`remedies. Plaintiff has received a Notice of Right to Sue from the EEOC.
`
`FACTUAL ALLEGATIONS
`9. Plaintiff is a member of a protected class due to her age, disability, and national origin.
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`10. Plaintiff is a 61-year-old female of Nicaraguan descent who was injured on the job
`
`creating a perceived disability.
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`11. Plaintiff’s former supervisor is 39 years old and of Honduran descent.
`
`12. Plaintiff worked for Defendant as an employee on the Maintenance Staff for a school.
`
`13. Plaintiff worked for Defendant from October 5, 2007 until on or about March 19, 2020.
`
`
`
`14. On or about March 19, 2020, Plaintiff and other maintenance employees were asked to
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`return their keys and sent home by the supervisor, Antonio Perez, due to a breakout of
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`COVID 19 at the school.
`
`15. The supervisor told Plaintiff that he would call her when she was to return to work.
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`16. Plaintiff called approximately three or four times throughout the closure regarding her
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`return to work.
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`17. On the calls, Antonio would tell Plaintiff that she would eventually be called back into
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`work.
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`18. Plaintiff also called another supervisor, Paola Rodriguez, about her return to work
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`throughout the closure. She eventually told Plaintiff that only Antonio could provide
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`information about her return to work.
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`19. Plaintiff submitted a claim for workers’ compensation when a broom broke in her hand,
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`and she required stitches.
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`20. Plaintiff was scheduled to have a procedure done on her left hand following the accident
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`with the broom.
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`21. Plaintiff discovered that her health insurance had been cancelled without notice to her.
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`22. Plaintiff called her supervisor Paola Rodriguez about her health insurance; Rodriguez
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`stated to Plaintiff that insurance was cancelled.
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`23. Rodriguez informed Plaintiff that Defendant was going to call everyone back to work
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`sometime in September of 2020.
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`24. In October 2020, Antonio stopped taking Plaintiff’s calls and informed Plaintiff that she
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`would not be brought back to work for Defendant.
`
`
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`25. In October of 2020, Plaintiff’s co-worker told Plaintiff that she had been called back into
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`work and informed Plaintiff that a younger employee had taken over Plaintiff’s position.
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`26. Plaintiff was replaced by a younger employee without a perceived disability and the
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`replacement employee was not of Nicaraguan national origin.
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`27. All employees who were laid off by Defendant were called back into work except for
`
`Plaintiff based on Plaintiff’s perceived disability and/or age and/or national origin.
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`28. Plaintiff requested workers’ compensation benefits and was requesting reasonable work
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`accommodations based on the injuries and was retaliated against by Defendant based on
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`these requests in the failure to rehire or bring back Plaintiff to work for Defendant.
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`29. At all relevant times, Plaintiff was able to perform her job duties and responsibilities at
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`satisfactory or above-satisfactory levels.
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`30. Any reason proffered by Defendant for her termination is mere pretext for unlawful
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`discrimination.
`
`COUNT I
`DISCRIMINATION BASED ON NATIONAL ORIGIN
`IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT
`
`31. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1 through 30
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`above as if set out in full herein.
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`32. Plaintiff is a member of a protected class under the FCRA.
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`33. By the conduct described above, Defendant has engaged in discrimination against
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`Plaintiff because of Plaintiff’s race and subjected the Plaintiff to national origin-based
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`animosity.
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`34. Such discrimination was based upon the Plaintiff’s national origin.
`
`
`
`35. Defendant’s conduct complained of herein was willful and in disregard of Plaintiff’s
`
`protected rights. Defendant and its supervisory personnel were aware that discrimination
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`on the basis of Plaintiff’s national origin was unlawful but nonetheless acted in reckless
`
`disregard of the law.
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`36. At all times material hereto, the employees exhibiting discriminatory conduct towards
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`Plaintiff possessed the authority to affect the terms conditions and privileges of Plaintiff’s
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`employment with the Defendant.
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`37. Defendant retained all employees who exhibited discriminatory conduct toward the
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`Plaintiff and did so despite the knowledge of said employees engaging in discriminatory
`
`actions.
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`38. As a result of Defendant’s actions, as alleged herein, Plaintiff has been deprived of rights,
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`has been exposed to ridicule and embarrassment, and has suffered emotional distress and
`
`damage.
`
`39. The conduct of Defendant, by and through the conduct of its agents, employees, and
`
`representatives, and the Defendant’s failure to make prompt remedial action to prevent
`
`continued discrimination against the Plaintiff, deprived the Plaintiff of statutory rights
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`under state and/or federal law.
`
`40. The actions of the Defendant and/or its agents were willful, wanton, and intentional, and
`
`with malice or reckless indifference to the Plaintiff’s statutorily protected rights, thus
`
`entitling Plaintiff to damages in the form of compensatory and punitive damages pursuant
`
`to state and/or federal law, to punish the Defendant for its actions and to deter it, and
`
`others, from such action in the future.
`
`
`
`41. Plaintiff has suffered and will continue to suffer both irreparable injury and compensable
`
`damages as a result of Defendant’s discriminatory practices unless and until this
`
`Honorable Court grants relief.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully requests the following relief against the Defendant:
`
`A. Declare that the acts complained of herein are in violation of the Florida Civil Rights
`
`Act;
`
`B. Award PLAINTIFF compensatory damages for emotional distress, embarrassment
`
`and humiliation;
`
`C. Grant a permanent injunction enjoining the DEFENDANT, its officers, successors,
`
`assigns, and all persons in active concert or participation with it, from engaging in
`
`any employment practice which discriminates on the basis of race;
`
`D. Reinstate PLAINTIFF to the same position she held before the retaliatory personnel
`
`action, or to an equivalent position;
`
`E. Reinstate full fringe benefits and seniority rights to PLAINTIFF;
`
`F. Order DEFENDANT to make PLAINTIFF whole, by compensating PLAINTIFF for
`
`lost wages, benefits, including front pay, back pay with prejudgment interest;
`
`G. For a money judgment representing prejudgment interest;
`
`H. Award any other compensation allowed by law including punitive damages and
`
`attorney’s fees (448.104);
`
`I. Grant PLAINTIFF’S costs of this action, including reasonable attorney’s fees;
`
`J. Grant PLAINTIFF a trial by jury;
`
`K. Grant such other and further relief as the Court deems just and proper.
`
`
`
`COUNT II
`DISABLITY DISCRIMINATION IN VIOLATION OF
`THE FLORIDA CIVIL RIGHTS ACT
`42. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1 through 30
`
`above as if set out in full herein.
`
`43. The conduct to which Plaintiff was subjected by Defendant was the direct and proximate
`
`result of Plaintiff’s disability or perceived disability.
`
`44. Defendant’s alleged bases for its adverse conduct against Plaintiff and Plaintiff’s
`
`termination are pretextual and asserted only to cover up the discriminatory nature of its
`
`conduct.
`
`45. Even if Defendant could assert legitimate reasons for its adverse actions against Plaintiff
`
`and Plaintiff’s termination, which reasons it does not have, Plaintiff’s disability or
`
`perceived disability was a motivating factor for Defendant’s adverse conduct toward
`
`Plaintiff and Plaintiff’s termination.
`
`46. As a result of the discriminatory conduct and discriminatory termination to which
`
`Plaintiff was subjected, Plaintiff has experienced and will continue to experience
`
`significant financial and economic loss in the form of lost wages and lost benefits.
`
`Plaintiff has also experienced and will continue to experience emotional anguish, pain
`
`and suffering and loss of dignity damages. Plaintiff accordingly demands lost economic
`
`damages in the form of back pay and front pay, lost benefits, and compensatory damages.
`
`47. Plaintiff also requests punitive damages based on Defendant’s intentional, willful, wanton
`
`and malicious conduct.
`
`48. Plaintiff further seeks her attorney’s fees and costs as permitted by law.
`
`WHEREFORE, Plaintiff respectfully prays for the following relief against Defendant:
`
`
`
`a. Grant a permanent injunction enjoining Defendant, its officers, successors,
`
`assigns, and all persons in active concert or participation with it, from engaging in
`
`any employment practice that discriminates on the basis of an individual’s
`
`disability ;
`
`b. Order Defendant to make Plaintiff whole, by compensating Plaintiff for lost
`
`wages, benefits, including front pay, back pay with prejudgment interest,
`
`front/future wages, and other remuneration for mental pain, anguish, pain and
`
`humiliation; and
`
`c. Award any other compensation allowed by law including punitive damages,
`
`and/or attorney’s fees and/or court costs.
`
`COUNT III
`AGE DISCRIMINATION IN VIOLATION OF
`THE FLORIDA CIVIL RIGHTS ACT
`49. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1 through 30
`
`above as if set out in full herein.
`
`50. The conduct to which Plaintiff was subjected by Defendant was the direct and proximate
`
`result of Plaintiff’s Age.
`
`51. Defendant’s alleged bases for its adverse conduct against Plaintiff and Plaintiff’s
`
`termination are pretextual and asserted only to cover up the discriminatory nature of its
`
`conduct.
`
`52. Even if Defendant could assert legitimate reasons for its adverse actions against Plaintiff
`
`and Plaintiff’s termination, which reasons it does not have, Plaintiff’s Age was a
`
`motivating factor or but for reason for Defendant’s adverse conduct toward Plaintiff and
`
`Plaintiff’s termination.
`
`
`
`53. As a result of the discriminatory conduct and discriminatory termination to which
`
`Plaintiff was subjected, Plaintiff has experienced and will continue to experience
`
`significant financial and economic loss in the form of lost wages and lost benefits.
`
`Plaintiff has also experienced and will continue to experience emotional anguish, pain
`
`and suffering and loss of dignity damages. Plaintiff accordingly demands lost economic
`
`damages in the form of back pay and front pay, lost benefits, and compensatory damages.
`
`54. Plaintiff also requests punitive damages based on Defendant’s intentional, willful, wanton
`
`and malicious conduct.
`
`55. Plaintiff further seeks her attorney’s fees and costs as permitted by law.
`
`WHEREFORE, Plaintiff respectfully prays for the following relief against Defendant:
`
`a. Grant a permanent injunction enjoining Defendant, its officers, successors,
`
`assigns, and all persons in active concert or participation with it, from engaging in
`
`any employment practice that discriminates on the basis of an individual’s Age;
`
`b. Order Defendant to make Plaintiff whole, by compensating Plaintiff for lost
`
`wages, benefits, including front pay, back pay with prejudgment interest,
`
`front/future wages, and other remuneration for mental pain, anguish, pain and
`
`humiliation; and
`
`c. Award any other compensation allowed by law including punitive damages,
`
`and/or attorney’s fees and/or court costs.
`
`COUNT IV
`RETALIATION IN VIOLATION OF THE FCRA
`56. Plaintiff re-adopts each and every factual allegation as stated in 1 through 29 of this
`
`Complaint as if set out in full herein.
`
`
`
`57. Defendant is an employer as the term is used under the applicable statutes referenced
`
`above.
`
`58. The foregoing allegations establish a cause of action for unlawful retaliation after
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`Plaintiff reported unlawful employment practices, the cancellation of her health insurance
`
`after she attempted to claim workers’ compensation, adversely affecting her under the
`
`FCRA.
`
`59. The foregoing unlawful actions by Defendant were purposeful.
`
`60. Plaintiff is a member of a protected class because she reported unlawful employment
`
`practices and was the victim of retaliation thereafter. There is a causal connection
`
`between the reporting of the unlawful employment practices and the adverse employment
`
`action taken thereafter.
`
`61. As a direct and proximate result of the foregoing unlawful acts and omissions, Plaintiff
`
`has suffered mental anguish, emotional distress, expense,
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`loss of benefits,
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`embarrassment, humiliation, damage to reputation, lost wages, loss of capacity for the
`
`enjoyment of life, and other tangible and intangible damages.
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`62. These damages are continuing and permanent.
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`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully requests the following relief against the Defendant:
`
`A. Declare that the acts complained of herein are in violation of the Florida Civil Rights Act;
`
`B. Award PLAINTIFF compensatory damages for emotional distress, embarrassment and
`
`humiliation;
`
`
`
`C. Grant a permanent injunction enjoining the DEFENDANT, its officers, successors,
`
`assigns, and all persons in active concert or participation with it, from engaging in any
`
`employment practice which discriminates;
`
`D. Reinstate PLAINTIFF to the same position she held before the retaliatory personnel
`
`action, or to an equivalent position;
`
`E. Reinstate full fringe benefits and seniority rights to PLAINTIFF;
`
`F. Order DEFENDANT to make PLAINTIFF whole, by compensating PLAINTIFF for lost
`
`wages, benefits, including front pay, back pay with prejudgment interest;
`
`G. For a money judgment representing prejudgment interest;
`
`H. Award any other compensation allowed by law including punitive damages and
`
`attorney’s fees (448.104);
`
`I. Grant PLAINTIFF’s costs of this action, including reasonable attorney’s fees;
`
`J. Grant PLAINTIFF a trial by jury; and
`
`K. Grant such other and further relief as the Court deems just and proper.
`
`JURY DEMAND
`Plaintiff demands trial by jury of all issues triable as of right by jury.
`Dated: May 11, 2023
`Respectfully submitted,
`/s/ Jason Remer
`Jason S. Remer, Esq.
`Florida Bar No.: 0165580
`JRemer@rgph.law
`REMER, GEORGES-PIERRE,
`& HOOGERWOERD, PLLC
`2745 Ponce De Leon Blvd
`Coral Gables, FL 33134
`Telephone: (305) 416-5000
`Facsimile: (305) 416-5005
`Counsel for Plaintiff
`
`
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