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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

MARIVIN M. BARBOZA

and other similarly situated individuals,

Plaintiff,

v.

SABOR VENEZOLANO KENDALL, INC.

Defendant,

____________________________________/ 

COMPLAINT

COMES NOW the Plaintiff MARIVIN M. BARBOZA, by and through the 

undersigned counsel, and sues Defendant SABOR VENEZOLANO KENDALL, INC., on 

the grounds set forth herein: 

INTRODUCTION

1. This is an action by Plaintiff MARIVIN M. BARBOZA, under the Civil Rights Act 

of 1964, as amended, 42 U.S.C. §2000e et seq. (“Title VII”), and the Florida Civil 

Rights Act of 1992 (FCRA), Florida Statute Section 760, to redress the injury done 

to her by the Defendant’s discriminatory treatment based on her Sex. 

JURISDICTION AND VENUE

2. This is an action for damages brought in excess of $15,000.00, exclusive of interest, 

attorney’s fees, and costs.

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3. This action is authorized and instituted pursuant to The Civil Rights Act of 1964, 

as amended, 42 U.S.C. §2000e et seq. (“Title VII), and the Florida Civil Rights Act 

of 1992 (FCRA), Florida Statute Section 760.

4. This Court has jurisdiction over Plaintiff’s claims pursuant to 28 U.S.C. §1331 and 

§1343. Plaintiff invokes this Court’s supplemental and pendant jurisdiction over 

Plaintiff’s state law claims because they arise out of the same nucleus of operative 

facts as the federal Case, and pursuant to 28 U.S.C. §§1332 and 1367. 

5. The venue of this action is properly placed in the Southern District of Florida, 

Miami Division, pursuant to 28 U.S.C. §1391(b), since the employment practices 

hereafter alleged to be unlawful, were committed in Miami-Dade County, within 

the jurisdiction of this Honorable Court. 

6. Defendant subjected Plaintiff to Sex discrimination, which affected the terms and 

conditions of her employment and resulted in her termination.

PARTIES

7. The Plaintiff MARIVIN M. BARBOZA is a resident of Dade County Florida, 

within the jurisdiction of this Honorable Court, who was employed by the 

Defendant SABOR VENEZOLANO KENDALL, INC., and is a member of certain 

protected classes of persons. Plaintiff is a covered employee for purposes of Title 

VII of the Civil Rights Act of 1964, and the Florida Civil Rights Act of 1992, 

Florida Statute Section 760. 

8. Defendant SABOR VENEZOLANO KENDALL, INC. (hereinafter SABOR 

VENEZOLANO, or Defendant) is a Florida Profit Corporation registered to do

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business in the State of Florida. The Defendant performed business in Dade 

County, Florida, within the jurisdiction of this Court. 

9. At all relevant times, Defendant has continuously been an employer engaged in an 

industry affecting commerce who has more than 15 employees, for each working 

day in each of 20 or more calendar weeks at all relevant times, as required by 

Section 701 (b), (g), and (h) of Title VII, 42 U.S.C. §2000e (b), (g), and (h).

PROCEDURAL REQUIREMENTS

10. On or about March 03, 2020, Plaintiff filed her Amended Charge of Discrimination 

with the Equal Employment Opportunity Commission, (EEOC) thereby satisfying 

the requirements of 42 U.S.C.A. § 2000e-5(b), (e). Such charge was filed within 

one hundred and eighty (180) days of the unlawful employment practice.

11. On request, on or about June 30, 2020, the Equal Opportunity Commission issued 

to Plaintiff a Notice of Right to Sue concerning such charge of discrimination. 

Accordingly, the present complaint is being filed within 90 days of the date of the 

Notice of Right to Sue. See Exhibit “A”. 

12. All conditions precedent for the filing of this action before this Court have either 

been previously met or excused, including the exhaustion of all pertinent 

administrative procedures and remedies.

GENERAL ALLEGATIONS

13. The Plaintiff MARIVIN M. BARBOZA is a 33-year-old female who was employed 

by Defendant SABOR VENEZOLANO and who is a member of certain protected 

classes of persons. 

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14. Defendant SABOR VENEZOLANO is a Venezuelan restaurant that has locations 

in Kendall, Doral, and Pembroke Pines. The Plaintiff worked at SABOR 

VENEZOLANO located at 13762 SW 88 ST, Miami, FL 33186. 

15. Defendant SABOR VENEZOLANO, employed Plaintiff MARIVIN M. 

BARBOZA as a cook assistant from approximately September 09, 2018, to October 

14, 2019, or 57 weeks. 

16. The Plaintiff was hired as a full-time, salaried employee. During her employment 

period, the Plaintiff was paid a salary of $561.00 per week. 

17. The Plaintiff was hired by the owner of the business Manuel Villalobos to substitute 

an employee which left the day before. As a condition of employment, Mr. Manuel 

Villalobos requested Plaintiff to begin to work immediately. Plaintiff was 

recommended for the position by a close relative who was the Chef at the restaurant.

18. Throughout her employment with the Defendant, the Plaintiff performed her duties 

in an exemplary fashion. The Plaintiff possessed all the required skills, training,

and qualifications for the job in question, and performed her duties without 

significant issue or controversy. 

19. However, during her time of employment with Defendant, Plaintiff experienced 

unlawful discrimination and retaliation based on her Sex/Gender. 

20. Beginning November 2018, the owner of the business Manuel Villalobos, began to 

discriminate and to harass Plaintiff with discriminatory and sexist and negative 

remarks about women in general, and about women as undesirable in the 

workplace.

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21. Mr. Manuel Villalobos exhibited prejudice against women, childbearing issues, 

maternity, and women with caregiving responsibilities. Mr. Manuel Villalobos

mistreated all female employees working at SABOR VENEZOLANO including 

Plaintiff.

22. Mr. Manuel Villalobos constantly complained about female employees, and he said 

that he would never hire a woman because women are not as good at their jobs as 

male employees. 

23. He constantly made comments like: “I prefer to have men working because they 

can carry more weight”; “I prefer men because women talk too much”; “I think 

men work better than women”, and many other comments diminishing the value of 

work done by female employees. 

24. Mr. Manuel Villalobos had outdated stereotypes about women, and he said that 

women of childbearing age or women who had children were a big problem for the 

company. 

25. Plaintiff felt particularly afraid and offended because she was a mother of 2 children 

age 12, and 6-year-old, and she had full caregiving responsibilities.

26. At SABOR VENEZOLANO female employees, including Plaintiff were always 

afraid of losing their jobs due to Sex discrimination issues.

27. On or about December 2018, Plaintiff confronted Mr. Manuel Villalobos and 

complained about Sex discrimination. Plaintiff requested Mr. Manuel Villalobos 

to stop his discriminatory remarks directed to her and directed other female 

employees because she was a woman and a mother, and she felt very upset and 

offended.

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28. This complaint constituted protected activity under Title VII, and the FCRA, 

Chapter 760.

29. Mr. Manuel Villalobos did not pay any attention to Plaintiff’s complaints and he 

continued his discriminatory remarks and disrespectful treatment towards Plaintiff 

and other female employees.

30. The frequency and disrespectful comments about women at the workplace 

constituted harassment based on Plaintiff’s Sex. The conduct of Mr. Manuel 

Villalobos was so frequent and persistent, that created a hostile and intimidating 

working environment for Plaintiff. Plaintiff lived in anxiety, and fear of losing her 

job.

31. The Plaintiff could not complain about the discriminatory and harassing conduct of 

Mr. Manuel Villalobos, because he was the owner and the maximum authority of 

the business.

32. The Plaintiff had family responsibilities and she needed her job. Thus, she had to 

endure the discriminatory treatment applied to her by her superior, a person with 

the power to hire and fire, as a condition for continued employment. 

33. On or about August 20, 2019, Plaintiff requested Defendant to vary her schedule, 

Plaintiff’s regular schedule was from 7:00 AM to 3:00 PM. Plaintiff requested 

Defendant to allow her to start working at 7:30 AM, so she could be able to take 

her children to school, Plaintiff offered to stay working late. Defendant reluctantly 

accepted the work arrangement.

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34. After this work arrangement, Mr. Manuel Villalobos penalized Plaintiff by 

increasing his harassment with all kinds of detrimental comments about the 

inconveniences caused by female employees, including Plaintiff.

35. On or about the last week of September 2019, Plaintiff confronted Mr. Manuel 

Villalobos, Plaintiff complained to Mr. Manuel Villalobos about Sex 

discrimination again and requested him to stop his harassment because of her 

condition as a woman and as a mother. Plaintiff reminded him that every time there 

were problems at the restaurant, the female employees were the first to help him to 

run the business.

36. This complaint constituted protected activity under Title VII, and the FCRA, 

Chapter 760.

37. Unfortunately for Plaintiff, on or about October 14, 2019, Mr. Manuel Villalobos 

called Plaintiff after she finished her shift, and told her that beginning the next day, 

she had to start working at 6:30 AM. The Plaintiff in complete disbelief begged Mr. 

Manuel Villalobos to give her 2 days to make some arrangements with her children. 

Mr. Manuel Villalobos refused, then Plaintiff asked him: “If I start working at 6:30, 

I would go home earlier?; Mr. Manuel Villalobos refused; then Plaintiff said: “So,

I suppose you are going to pay me more”; Mr. Manuel Villalobos told Plaintiff: 

“No, your salary is going to be the same”. Finally, Mr. Manuel Villalobos told 

Plaintiff: “Let me talk to you clearly, you are fired! tomorrow a man will begin 

working in your position. You know, I prefer working with men because they can 

lift heavier and don’t have to bother the dishwasher for help”.

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38. The Plaintiff protested for her termination and told Defendant that the only reason 

she was being fired was discrimination because of her Sex, and she requested the 

Defendant to reconsider its decision to terminate her employment.

39. This complaint constituted protected activity under Title VII, and the FCRA, 

Chapter 760.

40. The Defendant did not reconsider the Plaintiff’s petition and terminated her 

effective immediately.

41. At the time of termination from employment, the Plaintiff did perform and excel at 

the performance of the essential functions assigned to her by Defendant, and the 

sole apparent reason for the termination of Plaintiff’s employment was Plaintiff’s 

Sex and her complaints about Sex discrimination. 

42. The discrimination, refusal to hire, promote, or terminate an individual based on 

stereotyped characterizations of the sexes and then retaliate against the complaining 

employee, constitute a violation of the Civil Rights Act of 1964, as amended, 42 

U.S.C. §2000e et seq. (“Title VII”); and the Florida Civil Rights Act of 1992 

(FCRA), Florida Statute Section 760

43. There were no legitimate, non-discriminatory, and/or non-retaliatory reasons for 

the discriminatory action taken against Plaintiff MARIVIN M. BARBOZA.

44. The negative impact of the discriminatory and retaliatory action taken by SABOR 

VENEZOLANO against Plaintiff MARIVIN M. BARBOZA has resulted in 

subsequent damage for Plaintiff’s mental, physical health, and financial well-being.

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45. Plaintiff MARIVIN M. BARBOZA has suffered double damage and will continue 

to suffer both irreparable injury and damages because of the Defendant’s 

discriminatory practices unless and until this Court grants relief. 

46. Because of the actions of the Defendant, Plaintiff has been damaged. In that, the 

Plaintiff has suffered serious economic losses, lost wages, and has she suffered 

mental pain and emotional distress.

47. The Defendant’s conduct in wrongfully discharging Plaintiff was willful, wanton, 

and in reckless disregard of Plaintiff’s rights and therefore Plaintiff is entitled to 

punitive damages.

48. The Plaintiff has suffered and will continue to suffer both irreparable injury and 

compensable damages because of the Defendant’s discriminatory practices, unless 

and until this Court grants relief. 

49. The actions of the Defendant SABOR VENEZOLANO and or its agents were 

willful, wanton, 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 federal law, to punish the 

Defendantsfor its actions and to deter it, and others, from such actions in the future. 

50. Defendant SABOR VENEZOLANO is subjected to vicarious liability for the 

actions of its agents because it failed to take adequate remedial measures to halt the 

discrimination, harassment, and retaliation to which the Plaintiff was subjected to 

despite Defendant’s knowledge that such discrimination, harassment, and 

retaliation was occurring.

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51. Plaintiff has retained the law offices of the undersigned attorney to represent her in 

this action and is obligated to pay reasonable attorneys’ fees and costs. 

COUNT I:

PLAINTIFF DISCRIMINATION CLAIM BASED ON SEX/GENDER 

IN VIOLATION OF THE CIVIL RIGHT ACT OF 1964 (TITLE VII)

52. Plaintiff re-adopts every factual allegation as stated in paragraphs 1-51 above as if 

set out in full herein. 

53. At all times material hereto, the Employer/Defendant SABOR VENEZOLANO

failed to comply with the Civil Rights Act of 1964 [42 U.S.C. 2000 e-2 (a)], which 

states, “It shall be an unlawful employment practice for an employer to: (1) fail or 

refuse to hire or to discharge any individual, or otherwise to discriminate against 

any individual with respect to his compensation, terms, conditions, or privileges of 

employment, because of such individual's Race, Color, Religion, Sex, or National 

Origin; or (2) to limit, segregate, or classify his employees or applicants for 

employment in any way which would deprive or tend to deprive any individual of 

employment opportunities or otherwise adversely affect his status as an employee, 

because of such individual's Race, Color, Religion, Sex, or National Origin.” 

54. Defendant’s refusal to promote Plaintiff MARIVIN M. BARBOZA was caused by 

Defendant being aware of Plaintiff’s Sex/Gender. 

55. Defendant’s decision to discriminate against Plaintiff MARIVIN M. BARBOZA

was because of Plaintiff’s Sex/Gender and her related discrimination complaints. 

56. At all relevant times including the time of discrimination, Defendant was aware 

that Plaintiff MARIVIN M. BARBOZA was a female.

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57. At the time of the unlawful discrimination, the Plaintiff did perform and excel at 

the performance of the essential functions assigned to her by the Defendant.

58. The Plaintiff was qualified for the position apart from her Sex or Gender.

59. The Plaintiff was denied a promotion and then removed from her position because 

the Plaintiff was a female.

60. The Defendant is a sophisticated employer who has actual knowledge of the 

requirements of Title VII of the Civil Rights Act of 1964, as amended.

61. Defendant SABOR VENEZOLANO through its practices and policies as an 

employer, willfully, and with malicious or reckless disregard of Plaintiff’s federally 

protected rights, discriminated Plaintiff MARIVIN M. BARBOZA on account of 

her Sex. 

62. Plaintiff MARIVIN M. BARBOZA was wrongfully terminated by the Defendant, 

and Plaintiff’s termination from employment was directly and proximately caused 

by the Defendant’s unjustified discrimination against Plaintiff because of Plaintiff’s 

Sex/Gender and her related complains about Sex/Gender discrimination.

63. As a direct and proximate result of the Defendant’s intentional conduct, Plaintiff 

MARIVIN M. BARBOZA suffered serious economic losses as well as mental pain 

and suffering.

64. Any alleged nondiscriminatory reason for the termination of Plaintiff’s 

employment asserted by Defendant, is a mere pretext for the actual reasons for the 

termination from employment, Plaintiff’s Sex discrimination in the form of failure 

to promote.

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65. The Defendant’s actions were malicious and were recklessly indifferent to the 

Plaintiff’s rights protecting a person from discrimination due to their Gender 

identity. Discrimination based on Sex/Gender constitutes unlawful discrimination.

66. Defendant, SABOR VENEZOLANO is subject to vicarious liability for the actions 

of its management, because it failed to take adequate remedial measures to halt the 

discrimination, and retaliation to which Plaintiff was subjected to despite 

Defendant’s knowledge that such discrimination, and retaliation was occurring.

67. Plaintiff has retained the law offices of the undersigned attorney to represent her in 

this action and is obligated to pay reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff MARIVIN M. BARBOZA respectfully requests that this court 

order the following:

A. Grant a permanent injunction enjoining Defendant SABOR VENEZOLANO, its 

officers, successors, assigns, and all persons in active concert or participation with 

it, from engaging in any employment practice which discriminates based on Sex.

B. Reinstate Plaintiff MARIVIN M. BARBOZA to the same position she held before 

the retaliatory personnel action, or to an equivalent position.

C. Reinstate full fringe benefits and seniority rights to Plaintiff MARIVIN M. 

BARBOZA.

D. Order Defendant SABOR VENEZOLANO to make Plaintiff MARIVIN M. 

BARBOZA whole, by compensating Plaintiff for lost wages, benefits, including 

front pay, back pay with prejudgment interest and other remuneration for mental 

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pain, anguish, pain and humiliation resulting from the employment discrimination 

suffered.

E. Award a money judgment representing prejudgment interest.

F. Award any other compensation allowed by law including punitive damages,

G. Award attorney’s fees and costs.

JURY TRIAL DEMAND

Plaintiff MARIVIN M. BARBOZA demands a trial by jury on all issues triable as of right 

by a jury.

COUNT II:

VIOLATION OF TITLE VII OF CIVIL RIGHTS ACT OF 1964: RETALIATION

68. Plaintiff MARIVIN M. BARBOZA re-adopts every factual allegation as stated in 

paragraphs 1-51 above as if set out in full herein.

69. At all times material hereto, the Employer/Defendant SABOR VENEZOLANO

failed to comply with the Civil Rights Act of 1964 [42 U.S.C. 2000 e-2 (a)], Section 

704(a), which makes it unlawful for an employer to retaliate against an individual 

“because he has opposed any practice made an unlawful employment practice by 

this subchapter, or because he has made a charge, testified, assisted, or participated 

in any manner in an investigation, proceeding, or hearing under this 

subchapter.” 42 U.S.C. § 2000e-3(a) (emphasis added).

70. Defendant SABOR VENEZOLANO is a sophisticated employer who has actual 

knowledge of the requirements of Title VII of the Civil Rights Act of 1964, as 

amended, and specifically of Section 704(a) of the Act, which specifically makes it 

unlawful to retaliate against employees who oppose or participate in statutorily 

protected activity.

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71. Defendants SABOR VENEZOLANO, employed Plaintiff MARIVIN M. 

BARBOZA as a cook assistant from approximately September 09, 2018, to October 

14, 2019, or 57 weeks. 

72. Throughout her employment with the Defendant, the Plaintiff performed her duties 

in an exemplary fashion. The Plaintiff possessed all the required skills, training,

and qualifications for the job in question, and performed her duties without 

significant issue or controversy. 

73. However, during her time of employment with Defendant Plaintiff experienced 

unlawful Sex discrimination. 

74. The owner of the business Mr. Manuel Villalobos harassed Plaintiff on basis of 

Sex, and because she was a female. Plaintiff was harassed and subjected to a hostile 

working environment.

75. Plaintiff engaged in protected activity and complained about Sex/Gender 

discrimination on multiple times. Plaintiff complained to her superiors.

76. These complaints constituted Protected activities under the Civil Rights Act of 

1964 [42 U.S.C. 2000 e-2 (a)], Section 704(a).

77. As a result, on or about October 14, 2020, Plaintiff was fired from her position and 

she was replaced by a male employee. 

78. Defendant discriminated against Plaintiff MARIVIN M. BARBOZA because of her 

Sex/Gender and then terminated her employment in retaliation to her multiple 

complaints about Sex/Gender discrimination against her.

79. Plaintiff’s protected activity resulted in retaliatory adverse actions that altered the 

terms, conditions, and privileges of her employment.

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80. Defendant SABOR VENEZOLANO through its practices and policies as an 

employer, willfully, and with malicious or reckless disregard of Plaintiff’s federally 

protected rights, retaliated against Plaintiff MARIVIN M. BARBOZA on account 

of Plaintiff’s complaints about Sex/Gender discrimination.

81. Any alleged nondiscriminatory reason for terminating Plaintiff asserted by the 

Defendant is a mere pretext for the actual reasons for termination, Plaintiff’s 

complaints of discrimination based on Sex. 

82. Moreover, Plaintiff’s termination came just in temporal proximity after Plaintiff

participated in protected activity, for the last time on or about the last week of 

September 2019.

83. The failure of the Defendant to adhere to the mandates of the Act was willful and 

its violations of the provisions of the Act were willful.

84. The Defendant’s actions were malicious and were recklessly indifferent to the 

Plaintiff’s rights protecting a person from discrimination due to their Sex and 

retaliation due to their complaints of unlawful discrimination. Retaliation based on

having engaged in a protected activity constitutes unlawful retaliation. 

85. Defendant’s acts, through their agents, were done with malice and reckless 

disregard for Plaintiff’s federally protected civil rights.

86. Defendant SABOR VENEZOLANO is subject to vicarious liability for the actions 

of its managers and agents because it failed to take adequate remedial measures to 

halt the discrimination, and retaliation to which Plaintiff was subjected to despite 

Defendant’s knowledge that such discrimination and retaliation was occurring.

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87. As a result of the retaliation, Plaintiff MARIVIN M. BARBOZA has incurred 

substantial monetary losses and has suffered emotional distress, embarrassment,

and humiliation. 

88. Plaintiff has retained the law offices of the undersigned attorney to represent her in 

this action and is obligated to pay reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff MARIVIN M. BARBOZA respectfully requests that this court 

order the following:

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 which constitutes unlawful retaliation for having engaged in 

protected activity, and;

B. Reinstate Plaintiff to the same position he held before the retaliatory personnel 

action, or to an equivalent position;

C. Reinstate full fringe benefits and seniority rights to Plaintiff;

D. Order Defendant to make Plaintiff whole, by compensating Plaintiff for lost wages, 

benefits, including front pay, back pay with prejudgment interest and other 

remuneration for mental pain, anguish, pain and humiliation due to the 

discrimination of Plaintiff and due to the retaliatory discharge; 

E. For a money judgment representing prejudgment interest;

F. Award any other compensation allowed by law including compensatory damages, 

punitive damages, and attorneys’ fees and costs.

JURY TRIAL DEMAND

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Plaintiff MARIVIN M. BARBOZA demands a trial by jury on all issues triable as of right 

by a jury.

COUNT III: 

VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT OF 1992 CHAPTER 760: 

DISCRIMINATION BASED ON SEX

89. Plaintiff MARIVIN M. BARBOZA re-adopts every factual allegation as stated in 

paragraphs 1-51 and above as if set out in full herein. 

90. At all times material hereto, the Employer/Defendant SABOR VENEZOLANO

failed to comply with the Florida Civil Rights Act of 1992 [Florida Statutes Section 

760.10] which states,

“It is an unlawful employment practice for an employer: To discharge or to fail or 

refuse to hire any individual, or otherwise to discriminate against any individual 

with respect to compensation, terms, conditions, or privileges of employment, 

because of such individual's race, color, religion, sex, national origin, age, 

handicap, or marital status”

91. The discrimination of Plaintiff MARIVIN M. BARBOZA by Defendant MARIVIN 

M. BARBOZA was caused by Defendant being aware of Plaintiff’s Sex. 

92. Defendant’s decision to discriminate against Plaintiff was because of Plaintiff’s 

Sex. 

93. At all relevant times, including the time of discrimination, Defendant SABOR 

VENEZOLANO was aware that Plaintiff MARIVIN M. BARBOZA was a female.

94. At the time of the unlawful discrimination, the Plaintiff did perform and excel at 

the performance of the essential functions assigned to her by the Defendant.

95. The Plaintiff was qualified for the position apart from her Sex.

96. The Plaintiff was denied a promotion just because she was a female. 

97. The Defendant is a sophisticated employer who has actual knowledge of the 

requirements of the Florida Civil Rights Act, Chapter 760.

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98. The failure of Defendant SABOR VENEZOLANO to adhere to the mandates of 

the Act was willful and its violations of the provisions of the Act were willful.

99. Defendant SABOR VENEZOLANO through its practices and policies as an 

employer, willfully, and with malicious or reckless disregard of Plaintiff’s State 

protected rights, discriminated against Plaintiff MARIVIN M. BARBOZA on 

account of her Sex, with respect to its decision to treat Plaintiff different from other 

employees, in violation of the Act

100. Plaintiff MARIVIN M. BARBOZA was discriminated against, and she was 

wrongfully terminated by the Defendant, and Plaintiff’s termination from 

employment was directly and proximately caused by the Defendant’s unjustified 

discrimination against Plaintiff because of Plaintiff’s Sex.

101. Defendant, SABOR VENEZOLANO is subject to vicarious liability for the 

actions of its manager and agents, because it failed to take adequate remedial 

measures to halt the discrimination, harassment, and retaliation to which Plaintiff 

was subjected to despite Defendant’s knowledge that such discrimination, 

harassment, and retaliation was occurring.

102. As a direct and proximate result of the Defendant’s intentional conduct, 

Plaintiff MARIVIN M. BARBOZA suffered serious economic losses as well as 

mental anguish, humiliation, and pain and suffering.

103. Any alleged nondiscriminatory reason for the termination of Plaintiff’s 

employment asserted by Defendant is a mere pretext for the actual reasons for the 

termination from employment, Plaintiff’s Sex, and complaints related to the 

unlawful acts of discrimination.

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104. The Defendant’s actions were malicious and were recklessly indifferent to 

the Plaintiff’s rights protecting a person from discrimination due to their Sex. 

Discrimination based on Sex constitutes unlawful discrimination in violation of the 

Florida Civil Rights Act, Chapter 760.

105. Plaintiff has retained the law offices of the undersigned attorney to represent 

her in this action and is obligated to pay reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff MARIVIN M. BARBOZA respectfully requests that this court 

order the following:

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 which discriminates based on Sex;

B. Reinstate Plaintiff MARIVIN M. BARBOZA to the same position held before the 

retaliatory personnel action, or to an equivalent position;

C. Reinstate full fringe benefits and seniority rights to Plaintiff MARIVIN M. 

BARBOZA;

D. Order Defendant SABOR VENEZOLANO to make Plaintiff whole, by 

compensating Plaintiff MARIVIN M. BARBOZA for lost wages, benefits, 

including front pay, back pay with prejudgment interest and other remuneration for 

mental pain, anguish, pain, and humiliation;

E. For a money judgment representing prejudgment interest;

F. Award any other compensation allowed by law including punitive damages, 

attorney’s fees (448.104), and further demands a trial by jury on all issues so triable.

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JURY TRIAL DEMAND

Plaintiff MARIVIN M. BARBOZA demands a trial by jury on all issues triable as of right 

by a jury.

COUNT IV:

VIOLATION OF FLORIDA CIVIL RIGHTS ACT, 

CHAPTER 760, FLORIDA STATUTES; RETALIATION

106. Plaintiff MARIVIN M. BARBOZA re-adopts every factual allegation as 

stated in paragraphs 1-51 and 89-105 of this Complaint as if set out in full herein.

107. This is an action against Defendant SABOR VENEZOLANO for unlawful 

retaliation under the Florida Civil Rights Act, Chapter 760, Fl Statutes, (FCRA).

108. The FCRA contains an anti-retaliation provision, forbidding employers 

from retaliating, or from taking adverse personnel action against, those employees 

who exercise their lawful and protected rights under the Act. 

109. The FCRA, Fla. Stat. Section 760.10, (7) reads in applicable part, as 

follows: 

“It is an unlawful employment practice for an employer, an employment agency, 

a joint labor management committee, or a labor organization to discriminate 

against any person because that person has opposed any practice which is an 

unlawful employment practice under this section, or because that person has 

made a charge, testified, assisted, or participated in any manner in an 

investigation, proceeding, or hearing under this section”.

110. Plaintiff is a member of a protected class under Title VII and the Florida 

Civil Rights Act because of her Sex, and because she participated in protected 

activities within the meaning of the Florida Civil Rights Act.

111. Plaintiff MARIVIN M. BARBOZA, while working for Defendant SABOR 

VENEZOLANO was subjected to discrimination based on her Sex.

112. Defendant subjected Plaintiff to different adverse employment actions 

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including but not limited to the following acts and omissions: discrimination, 

harassment based on her Sex, and retaliatory discharge.

113. Defendants SABOR VENEZOLANO, employed Plaintiff MARIVIN M. 

BARBOZA as a cook assistant from approximately September 09, 2018, to October 

14, 2019, or 57 weeks. 

114. Throughout her employment with the Defendant, the Plaintiff performed 

her duties in an exemplary fashion. The Plaintiff possessed all the required skills, 

training, and qualifications for the job in question, and performed her duties without 

significant issue or controversy. 

115. However, during her time of employment with Defendant Plaintiff 

experienced unlawful discrimination based on her Sex.

116. The owner of the business Mr. Manuel Villalobos harassed Plaintiff based 

on Sex, and because she was a female. Plaintiff was harassed and subjected to a 

hostile working environment.

117. Plaintiff engaged in protected activity and complained about Sex/Gender 

discrimination on multiple times. Plaintiff complained to her superior.

118. These complaints constituted Protected activities under the FCRA, Fla. 

Stat. Section 760.10, (7).

119. As a result, on or about October 14, 2020, Plaintiff was fired from her 

position and she was replaced by a male employee. 

120. Defendant discriminated against Plaintiff MARIVIN M. BARBOZA 

because of her Sex/Gender, and then terminated her employment in retaliation to 

her multiple complaints about Sex/Gender discrimination against her.

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121. Plaintiff’s protected activity resulted in retaliatory adverse actions that 

altered the terms, conditions, and privileges of the Plaintiff's employment.

122. Moreover, Plaintiff’s termination came just in temporal proximity after 

Plaintiff’s last participation in protected activity.

123. Any alleged nondiscriminatory reason for terminating Plaintiff asserted by 

the Defendant is a mere pretext for the actual reasons for termination, Plaintiff’s 

complaints of Sex discrimination.

124. The Defendant’s actions were malicious and were recklessly indifferent to 

the Plaintiff’s rights protecting a person from discrimination due to their Sex, and 

retaliation due to their complaints of unlawful Sex discrimination. Retaliation based 

on having engaged in a protected activity constitutes unlawful retaliation. 

125. Defendant SABOR VENEZOLANO acts, through their agents, were done 

with malice and reckless disregard for Plaintiff’s Federal and State protected civil 

rights.

126. Defendant, SABOR VENEZOLANO is subject to vicarious liability for the 

actions of its manager and agents, because it failed to take adequate remedial 

measures to halt the discrimination, harassment, and retaliation to which Plaintiff 

was subjected to despite Defendant’s knowledge that such discrimination, 

harassment, and retaliation was occurring.

127. As a result of the retaliation, Plaintiff MARIVIN M. BARBOZA has 

incurred substantial monetary losses and has suffered emotional distress, 

embarrassment, and humiliation. Plaintiff has suffered injury and losses including 

a violation of her statutory rights. 

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128. Plaintiff has no plain, adequate, or complete remedy at law. Plaintiff is still 

suffering and will continue to suffer, irreparable injury in the form of psychiatric 

and psychological harm, extreme emotional distress, emotional pain, mental 

anguish and humiliation, loss of dignity, loss of enjoyment of life, loss of past and 

future wages and an inability to earn wages in the future. These losses are 

continuing and will continue in the future.

129. Plaintiff has retained the law offices of the undersigned attorney to represent 

her in this action and is obligated to pay reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff MARIVIN M. BARBOZA respectfully requests that this Court 

order the following; 

A. Grant a permanent injunction enjoining Defendant SABOR VENEZOLANO its 

officers, successors, assigns and all persons in active concert or participation with 

it, from engaging in further discriminatory and retaliatory practice in violation of 

The FCRA, Fla. Stat. Section 760.10, (7);

B. Award Plaintiff a judgment against the Defendant SABOR VENEZOLANO for 

compensatory damages as determined by the Trier of fact;

C. Award Plaintiff restitutionary damages including back pay, front pay, liquidated 

damages, any “Employee Welfare Benefits” and retirement benefits for the time 

Plaintiff should have worked absent Defendant’s discriminatory treatment;

D. Enter Judgment for Punitive damages against Defendant SABOR VENEZOLANO;

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Award all reasonable Attorney’s fees and costs incurred in connection with this 

action; and

E. Any other and further relief as justice may require.

JURY TRIAL DEMAND

Plaintiff MARIVIN M. BARBOZA demands a trial by jury on all issues triable as of 

right by a jury.

Dated: July 31, 2020

 Respectfully submitted,

 By: _/s/ Zandro E. Palma___ 

ZANDRO E. PALMA, P.A.

 Florida Bar No.: 0024031

9100 S. Dadeland Blvd. 

Suite 1500

Miami, FL 33156

Telephone: (305) 446-1500

Facsimile: (305) 446-1502

zep@thepalmalawgroup.com

 Attorney for Plaintiff

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