1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. ____________-CIV-___________/____________

SOFIA ACOSTA, an individual,

Plaintiff,

vs.

COSTA DEL SOL GOLF CLUB INC., 

a Florida Corporation,

Defendant.

_____________________________________/

COMPLAINT

1. Plaintiff, SOFIA ACOSTA (hereinafter referred to as “Plaintiff” and 

“ACOSTA”), was an employee of Defendant, COSTA DEL SOL GOLF CLUB INC., a Florida

Corporation (hereinafter “Defendant” or “COSTA DEL SOL GOLF CLUB”), and brings this 

action against Defendant for alleged sex/gender discrimination and retaliation in violation of 

Title VII of the Civil Rights Act, 42 U.S.C. §2000 et seq.

2. At all times material to this action, ACOSTA has been an individual residing in 

Miami-Dade County, Florida, within the jurisdiction of this Court.

3. COSTA DEL SOL GOLF CLUB is a Florida Corporation that at all times material 

to this action has owned and/or operated a golf course and club in Miami-Dade County, Florida 

located at 100 Costa Del Sol Blvd., Doral, Florida 33178, within the jurisdiction of this Court.

4. Jurisdiction is conferred on this Court by 28 U.S.C. §1337 and 42 U.S.C. §2000.

5. Venue is proper in this Court pursuant to 28 U.S.C. §1391 because a substantial 

part of the events giving rise to this action occurred in Miami-Dade County, within the 

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 1 of 19
2

jurisdiction of the United States District Court for the Southern District of Florida.

6. In approximately August 2019, when ACOSTA was Eighteen (18) years of age, 

COSTA DEL SOL GOLF CLUB hired Plaintiff as a Desk Attendant.

7. Between approximately August 2019 and February 2020, ACOSTA was 

employed by COSTA DEL SOL GOLF CLUB as a Desk Attendant based upon a regular rate of 

approximately $11.00 per hour.

8. At all times material to this action, ACOSTA was an employee of COSTA DEL 

SOL GOLF CLUB within the meaning of Title VII, 42 U.S.C. §2000e(f).

9. At all times material to this action, COSTA DEL SOL GOLF CLUB was 

ACOSTA’S employer within the meaning of Title VII, 42 U.S.C. §2000e(b).

10. At all times material to this action between approximately August 2019 and 

February 2020, ACOSTA satisfactorily performed her essential duties for COSTA DEL SOL 

GOLF CLUB.

11. In approximately December 2019 or January 2020, Andrea Gonzalez was hired by 

COSTA DEL SOL GOLF CLUB as its Assistant Manager, and along with Defendant’s General 

Manager, Julio (a/k/a Cesar) Brenes, Gonzalez was one of ACOSTA’s supervisors. 

12. Between approximately January 2020 and continuing until late February 2020, 

Gonzalez subjected ACOSTA to unwanted harassment and discrimination because of 

ACOSTA’s sex/gender, Female, and Gonzalez regularly made derogatory, sexist remarks

towards ACOSTA while Gonzalez frequently spoke to ACOSTA in a condescending manner 

multiple times each week on a regular and recurring basis—which sex/gender harassment and 

discrimination by Gonzalez ACOSTA objected to—including but not limited to, by way of 

example, the following discriminatory conduct by Gonzalez:

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 2 of 19
3

(a) shortly after their initial introduction at work, Gonzalez stated to 

ACOSTA’s supervisor, Brandon Brenes, that Gonzalez was “not going to deal”

with ACOSTA and another day—while in the presence of one of COSTA DEL 

SOL GOLF CLUB’s customers—Gonzalez asked if ACOSTA “was a virgin," 

followed by Gonzalez calling ACOSTA a “prude,” again in front of one of 

Defendant’s customers.

(b) Gonzalez frequently told men in the workplace that she “didn't like 

working with girls” and that Gonzalez preferred to hire a man for ACOSTA’s 

position because Gonzalez “got along with guys better.”

(c) Gonzalez routinely made passive aggressive comments towards 

ACOSTA and belittled ACOSTA while Gonzalez also regularly refused to help 

carry out necessary work tasks if ACOSTA asked Gonzalez about those tasks but 

Gonzalez would seemingly instantly handle tasks if Gonzalez was asked to 

address the same issue by one of ACOSTA’s male co-workers including but not 

necessarily limited to, by way of example, male employee Samuel Palacios.

13. In or around January 2020, Gonzalez implemented a new “uniform policy” at 

COSTA DEL SOL GOLF CLUB that prohibited employees from wearing leggings or tracksuits 

despite (a) the fact that ACOSTA had been wearing leggings at work for approximately five (5)

months since Plaintiff was first hired by Defendant; and (b) Defendant’s General Manager, Julio 

Brenes, having told ACOSTA directly that leggings were acceptable workplace attire. 

14. When ACOSTA asked Gonzalez in or around February 2020 why Gonzalez was 

allowing male employees to wear tracksuits after the new “uniform policy” was being enforced 

with respect to ACOSTA and Female employees but not Male employees, Gonzalez replied: 

"But they’re boys. You can’t just show up here showing your ass and ‘toto’ everywhere,”

referring to Plaintiff’s vagina.

15. On more than a dozen or more occasions between approximately January 2020

and February 2020, ACOSTA complained to one her Supervisors, Brandon Brenes—COSTA 

DEL SOL GOLF CLUB’s Lead Pro Shop Attendant—about Andrea Gonzalez’s sex/gender 

harassment and discrimination against Plaintiff and other Female employees because of their 

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 3 of 19
4

sex/gender, including but not necessarily limited to ACOSTA reporting to Brandon Brenes: 

Gonzalez’s condescending attitude towards Plaintiff; Gonzalez’s demeaning, sexist comments 

about ACOSTA as a woman and how Plaintiff could not wear the same things as a man in the 

workplace; Gonzalez asking ACOSTA if Plaintiff was a virgin; Gonzalez’s preference for and 

lenience toward male employees at COSTA DEL SOL GOLF CLUB; the culture of sexism 

against Female employees at COSTA DEL SOL GOLF CLUB that Gonzalez fostered without 

Defendant’s management taking action to stop it from continuing; and frequent and persistent 

criticism by Gonzalez about ACOSTA’s work and Plaintiff’s personality.

16. Similarly, on a total of approximately three (3) occasions between January 2020 

and late February 2020, ACOSTA complained to COSTA DEL SOL GOLF CLUB’s General 

Manager, Julio Brenes, about Andrea Gonzalez’s sex/gender harassment and discrimination 

against Plaintiff and other Female employees. 

17. Significantly, Julio Brenes agreed that he had observed the pattern of Andrea 

Gonzalez’s discriminatory conduct against ACOSTA based upon Plaintiff’s sex/gender, Female, 

but COSTA DEL SOL GOLF CLUB failed to take remedial action to address Gonzalez’s 

discrimination. 

18. In approximately January 2020, COSTA DEL SOL GOLF CLUB reduced 

ACOSTA’s weekly hours after several of Plaintiff’s complaints to Defendant about Andrea 

Gonzalez’s sex/gender harassment and discrimination.

19. On February 21, 2020, Gonzalez refused to acknowledge ACOSTA’s presence in 

the morning at work, and while Gonzalez made a phone call that morning from within her office, 

ACOSTA heard Gonzalez loudly talking about Plaintiff and exclaiming that ACOSTA was 

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 4 of 19
5

reportedly “showing [her] my ass everywhere” in the pants Plaintiff was wearing that day—even 

though Plaintiff’s pants were long culottes which were appropriate, business attire.

20. Later on February 21, 2020, ACOSTA made a final complaint to COSTA DEL 

SOL GOLF CLUB’s General Manager, Julio Brenes, about Andrea Gonzalez’s sex/gender 

harassment and discrimination against Plaintiff because of ACOSTA’s gender/sex, Female. 

21. However, instead of taking remedial action to help ACOSTA, COSTA DEL SOL 

GOLF CLUB terminated Plaintiff’s employment on February 21, 2020 in retaliation for 

ACOSTA’s repeated complaints about Gonzalez’s alleged harassment and discrimination 

because of ACOSTA’s sex/gender, Female.

22. The reasons proffered by and relied upon by COSTA DEL SOL GOLF CLUB for 

terminating ACOSTA’s employment were false and known to be false by COSTA DEL SOL 

GOLF CLUB and instead were a pretext for sex/gender discrimination and retaliation against 

ACOSTA in violation of Title VII.

23. All conditions precedent to the institution of the claims in this Complaint under 

Federal law have either occurred or been waived.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

24. On or around April 18, 2020, ACOSTA dual filed a Charge of Discrimination 

against COSTA DEL SOL GOLF CLUB with the United States Equal Employment Opportunity 

Commission (EEOC) and the Florida Commission on Human Relations (FCHR) alleging

sex/gender discrimination as well as retaliation in violation of Title VII of the Civil Rights Act, 

42 U.S.C. §2000 et seq. and the Florida Civil Rights Act (FCRA), F.S. §760.01 et seq. A copy 

of ACOSTA’s EEOC Charge, Charge No. 510-2020-03522, is attached hereto as Exhibit A.

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 5 of 19
6

25. On or around July 23, 2020, the EEOC issued a Notice of Right to Sue to 

ACOSTA, see Exhibit B, which Notice was received by the undersigned counsel for Plaintiff via 

e-mail from the EEOC.

26. This Complaint is being filed with the Court within Twenty-Nine (29) days of 

receipt on July 23, 2020 of the Notice of Right to Sue in connection with Charge No. 510-2020-

03522 and Plaintiff has exhausted all administrative remedies on the Title VII claims pled in this

Complaint.

27. All conditions precedent to the institution of this action under Federal law have 

either occurred or been waived.

COUNT I

VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964,

42 U.S.C. §2000e ET SEQ. - UNLAWFUL SEX/GENDER DISCRIMINATION

Plaintiff, SOFIA ACOSTA, reasserts and reaffirms the allegations of Paragraphs 1 

through 27 as if fully set forth herein and further states that this is an action against COSTA DEL 

SOL GOLF CLUB INC. for Sex/Gender discrimination in violation of Title VII of the Civil 

Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq.

28. Title VII of the Civil Rights Act of 1964, as amended, provides that it is unlawful 

for an employer 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 ... sex ...” 42 U.S.C. §2000e-2(a)(1).

29. At all times material to this action, COSTA DEL SOL GOLF CLUB had fifteen 

(15) or more employees for each working day in each of twenty (20) or more calendar weeks in 

the current or preceding calendar year within the meaning of 42 U.S.C. §2000e(b).

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 6 of 19
7

30. Throughout the course of ACOSTA’s employment with COSTA DEL SOL 

GOLF CLUB between approximately January 2020 and February 2020, ACOSTA was subjected 

to: (a) unwelcome harassment and discrimination by Andrea Gonzalez because of ACOSTA’s 

sex/gender, Female, which was continuing, severe, and pervasive, and that constituted a hostile 

work environment; and (b) disparate treatment by Andrea Gonzalez because of ACOSTA’s 

sex/gender, Female, all in violation of in violation of 42 U.S.C. §2000e-2(a)(1) & (2).

31. COSTA DEL SOL GOLF CLUB’s management knew about the unlawful 

gender/sex harassment and discrimination because of ACOSTA’s repeated complaints about 

Andrea Gonzalez’s discriminatory conduct against ACOSTA because of her sex/gender, Female, 

but Defendant failed to take appropriate corrective action to address the unlawful conduct against 

ACOSTA.

32. As a result of COSTA DEL SOL GOLF CLUB’s failure to take prompt remedial 

action in response to the internal complaints that ACOSTA made to Defendant’s management,

ACOSTA was subjected to further harassment and discrimination because of ACOSTA’s 

sex/gender, Female, which inappropriate conduct continued through late February 2020 in 

violation of 42 U.S.C. §2000e-2(a)(1) & (2).

33. COSTA DEL SOL GOLF CLUB’s disparate treatment of ACOSTA was so 

severe and pervasive that it altered, the terms, conditions, and privileges of ACOSTA’S

employment with Defendant.

34. On or around February 21, 2020, COSTA DEL SOL GOLF CLUB terminated 

ACOSTA’s employment because of ACOSTA’s gender/sex, Female, for one or more proffered 

reasons that were false and known to be false by Defendant at the time of Plaintiff’s termination.

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 7 of 19
8

35. A motivating factor behind COSTA DEL SOL GOLF CLUB’s termination of 

ACOSTA’s employment in February 2020 was Plaintiff’s sex/gender, Female, in violation of 42 

U.S.C. §2000e-2(a)(1).

36. COSTA DEL SOL GOLF CLUB’s violations of ACOSTA’s rights under Title 

VII of the Civil Rights Act of 1964, as amended, were intentional and were done with malice and 

reckless disregard for ACOSTA’s rights as guaranteed under the laws of the United States. As 

such, ACOSTA is entitled to punitive damages against COSTA DEL SOL GOLF CLUB

pursuant to 42 U.S.C. §1981a(a)(1). 

37. ACOSTA has suffered lost earnings and employment benefits, emotional distress, 

loss of self-esteem, and other injuries as a direct result of COSTA DEL SOL GOLF CLUB’s

violations of 42 U.S.C. §2000e-2(a)(1) & (2).

38. Pursuant to 42 U.S.C. §2000e-5(k), ACOSTA is entitled to recover her reasonable 

attorneys’ fees and costs from COSTA DEL SOL GOLF CLUB.

WHEREFORE, Plaintiff, SOFIA ACOSTA, demands judgment against Defendant, 

COSTA DEL SOL GOLF CLUB INC., for back pay, employment benefits, other compensation 

including bonuses, compensatory damages, equitable relief including but not limited to front pay, 

punitive damages, injunctive relief, interest, attorney’s fees, costs, expert fees and such other and 

further relief as this Honorable Court deems proper.

COUNT II

RETALIATION IN VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 

1964, 42 U.S.C. §2000e ET SEQ.

Plaintiff, SOFIA ACOSTA, reasserts and reaffirms the allegations of Paragraphs 1 

through 27 as if fully set forth herein and further states that this is an action against COSTA DEL 

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 8 of 19
9

SOL GOLF CLUB INC. for Retaliation in violation of Title VII of the Civil Rights Act of 1964, 

as amended, 42 U.S.C. §2000e-3.

39. Pursuant to 42 U.S.C. §2000e-3(a), “[i]t shall be an unlawful employment 

practice for an employer to discriminate against any of his employees .... because [the 

employee] 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.”

40. When ACOSTA objected between approximately January 2020 and February 

2020 to unwanted harassment and discrimination by Andrea Gonzalez because of ACOSTA’s 

gender/sex, Female—which conduct of Gonzalez the Plaintiff reasonably and in good faith 

believed was illegal—ACOSTA engaged in protected activity within the meaning of Title VII, 

42 U.S.C. §2000e-3(a).

41. Similarly, when ACOSTA complained to Brandon Brenes and Julio Brenes on 

multiple occasions between approximately January 2020 and February 2020 about the 

harassment and discrimination by Andrea Gonzalez against ACOSTA because of Plaintiff’s 

gender/sex, Female—which conduct of Gonzalez the Plaintiff reasonably and in good faith 

believed was illegal—ACOSTA engaged in protected activity within the meaning of Title VII, 

42 U.S.C. §2000e-3(a).

42. Between approximately January 2020 and February 2020, ACOSTA reasonably 

and in good faith believed she was being subjected to (a) unlawful harassment and discrimination 

by Andrea Gonzalez because of Plaintiff’s, gender/sex, Female; and (b) disparate treatment by 

COSTA DEL SOL GOLF CLUB because of Plaintiff’s gender/sex, Female, as a result of which 

ACOSTA made repeated complaints to Defendant’s management about this gender/sex-based 

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 9 of 19
10

harassment and discrimination, such that Plaintiff engaged in protected activity within the 

meaning of Title VII, 42 U.S.C. §2000e-3(a).

43. COSTA DEL SOL GOLF CLUB began intentionally retaliating against ACOSTA

in or around late January 2020 following ACOSTA’S objections to and complaints about the 

harassment and discrimination by Andrea Gonzalez because of ACOSTA’s gender/sex, Female,

including but not necessarily limited to COSTA DEL SOL GOLF CLUB (a) reducing Plaintiff’s 

work hours; and (b) ultimately terminating Plaintiff’s employment in late February 2020, in 

violation of 42 U.S.C. §2000e-3(a).

44. COSTA DEL SOL GOLF CLUB’s unlawful retaliation against ACOSTA was 

sufficiently severe and pervasive that it altered the terms, conditions and privileges of 

ACOSTA’s employment with COSTA DEL SOL GOLF CLUB, in violation of 42 U.S.C. 

§2000e-3(a).

45. On or around February 21, 2020, COSTA DEL SOL GOLF CLUB terminated 

ACOSTA’s employment in retaliation for ACOSTA’s repeated complaints about and objections 

to the harassment and discrimination because of ACOSTA’s gender/sex, Female, which Plaintiff 

harassment and discrimination reasonably and in good faith believed was illegal, in violation of 

42 U.S.C. §2000e-3(a).

46. The fact that ACOSTA engaged in activity protected by Title VII—by, inter alia,

(a) objecting to the harassment and discrimination because of Plaintiff’s sex/gender, Female, to 

which ACOSTA was subjected by Andrea Gonzalez; and (b) complaining on multiple occasions 

to COSTA DEL SOL GOLF CLUB’s management between January 2020 and February 2020 

about the unwanted harassment and discrimination because of Plaintiff’s sex/gender, Female, 

which Plaintiff reasonably and in good faith believed was illegal—was a motivating factor 

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 10 of 19
11

behind COSTA DEL SOL GOLF CLUB’s termination of ACOSTA’s employment in February 

2020, in violation of 42 U.S.C. §2000e-3(a).

47. COSTA DEL SOL GOLF CLUB’s unlawful retaliation against ACOSTA was

intentional and done with malice and reckless disregard for ACOSTA’S rights as guaranteed 

under Title VII. As such, ACOSTA is entitled to punitive damages against COSTA DEL SOL 

GOLF CLUB pursuant to 42 U.S.C. §1981a(a)(1).

48. As a direct and proximate result of COSTA DEL SOL GOLF CLUB’s unlawful 

retaliation against ACOSTA, Plaintiff has suffered damages and was deprived of job-related 

economic benefits, all in amounts to be established at trial, including suffering a loss of earnings, 

emotional distress, loss of self-esteem, and other injuries as a direct result of COSTA DEL SOL 

GOLF CLUB’s violations of 42 U.S.C. §2000e-3(a).

49. Pursuant to 42 U.S.C. §2000e-5(k) and §1988(b), ACOSTA is entitled to recover 

her reasonable attorneys’ fees and costs from COSTA DEL SOL GOLF CLUB.

WHEREFORE, Plaintiff, SOFIA ACOSTA, demands judgment against Defendant, 

COSTA DEL SOL GOLF CLUB INC., for back pay, employment benefits, other compensation 

including bonuses, compensatory damages, equitable relief including but not limited to front pay, 

punitive damages, injunctive relief, interest, attorney’s fees, costs, expert fees and such other and 

further relief as this Honorable Court deems proper.

JURY TRIAL DEMAND

SOFIA ACOSTA demands trial by jury on all issues so triable.

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 11 of 19
12

Dated: August 21, 2020 Respectfully submitted,

By: KEITH M. STERN

Keith M. Stern, Esquire

Florida Bar No. 321000

E-mail: employlaw@keithstern.com 

LAW OFFICE OF KEITH M. STERN, P.A.

One Flagler

14 NE 1st Avenue, Suite 800

Miami, Florida 33132

Telephone: (305) 901-1379

Attorneys for Plaintiff

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 12 of 19
EXHIBIT A

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 13 of 19
510-2020-03522

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 14 of 19
510-2020-03522

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 15 of 19
EXHIBIT B

Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 16 of 19
Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 17 of 19
Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 18 of 19
Case 1:20-cv-23487-DPG Document 1 Entered on FLSD Docket 08/21/2020 Page 19 of 19