UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

DULCE MORALES, 

Plaintiff, 

vs. 

THE ELEVANCE HEALTH COMPANIES, INC.,

Defendant. 

_____________________________/ 

COMPLAINT

The Plaintiff, DULCE MORALES (hereafter “Plaintiff”), by and through the undersigned 

counsel, hereby brings suit against Defendant, THE ELEVANCE HEALTH COMPANIES, INC.

(hereafter “Defendant”), and in support thereof alleges as follows: 

JURISDICTION AND VENUE

1. This is an action by the Plaintiff for damages exceeding $75,000 excluding attorneys’ fees 

or costs for damages pursuant to The Florida Civil Rights Act and the American with Disabilities 

Act to readdress injuries resulting from Defendant’s disability based discriminatory treatment 

against Plaintiff. 

2. Plaintiff was an employee of Defendant.

3. Defendant was a “person” and/or an “employer” pursuant to the ADA and the FCRA, since 

it employs fifteen (15) or more employees for the applicable statutory period; and it is subject to 

the employment discrimination provisions of the applicable statute, the ADA and the FCRA.

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4. At all times material hereto , Plaintiff was an “employee” within the meaning the ADA and 

the FCRA

5. Venue is proper in Miami Dade County because all of the actions complained of herein 

occurred within the jurisdiction of Miami Dade County.

6. Plaintiff is and continues to be, a resident of Miami Dade County, Florida.

7. Declaratory, injunctive, legal, and equitable relief is sought pursuant to the laws set forth 

above together with attorneys’ fees, costs, and damages.

8. All conditions precedent for the filing of this action before this Court has been previously 

met, including the exhaustion of all pertinent administrative procedures and remedies.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

9. Plaintiff is a female within a class of individuals protected by the ADA and the FCRA, in 

that her medical history of various allergic and anaphylactic reactions to several vaccines was 

known to all those who discriminated against her. 

10. Plaintiff commenced employment with Defendant at THE ELEVANCE HEALTH 

COMPANIES, INC. on or about 2000 to on or about February 8, 2021. 

11. Plaintiff started working at the company on November 18, 2018, as a referral coordinator.

12. Since September of 2021, Plaintiff began to receive emails from the Defendant about a 

deadline in which all employees needed to be vaccinated against COVID-19.

13. After being made aware of the deadline Plaintiff immediately started the process of filling 

out a job accommodation form; additionally, she gave it to her primary physician who completed 

this form

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14. In it, the doctor explicitly pointed out that he recommended in Plaintiff’s case that she

should take a weekly COVID-19 test instead of getting the vaccine.

15. This recommendation from him is based on Plaintiff’s medical history of various allergic 

and anaphylactic reactions to several vaccines in the past.

16. Plaintiff’s disability of allergic reactions to vaccines and its ingredients affects the major 

life activity of having a proper working immune system, in that if such an allergen (which in a 

normal person would do no harm) is introduced into her body she could lose the use of her lungs 

and bodily functions due to the swelling of body tissue including the possibility of death.

17. At the beginning of October of 2021, Plaintiff received an email denying the 

accommodation requested.

18. Shortly thereafter Plaintiff got a call from a human resources representative who told her

that she had until December 2021 to get the vaccine.

19. After that conversation, on October 29, 2021, Giovanni Flores and Ayreen Castrillo called 

Plaintiff into a conference to let me know that this was Plaintiff’s last day, that she had to quit.

20. Plaintiff denied that she was quitting and made it clear that they were terminating her. 

21. All administrative prerequisites have been completed as a right to sue letter was issued by 

the EEOC on August 22, 2022 and a good cause determination was issued by The Florida 

Commission on Human Relations on June 13, 2022

COUNT I

Disability Discrimination in Violation of the FCRA

22. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-21 above as 

if set out in full herein.

23. Plaintiff is a member of a protected class under the FCRA.

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24. By the conduct describe above, Defendant has engaged in discrimination against Plaintiff 

because of Plaintiff’s disability and subjected the Plaintiff to disability -based animosity. 

25. Such discrimination was based upon the Plaintiff’s disability in that Plaintiff would not 

have been the object of discrimination but for the fact that Plaintiff has bipolar disorder. 

26. 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 on the

basis of Plaintiff’s disability was unlawful but acted in reckless disregard of the law. 

27. At all times material hereto, the employees exhibiting discriminatory conduct towards 

Plaintiff possessed the authority to affect the terms, conditions, and privileges of Plaintiff’s 

employment with the Defendant. 

28. Defendant retained all employees who exhibited discriminatory conduct toward the 

Plaintiff and did so despite the knowledge of said employees engaging in discriminatory actions.

29. As a result of Defendant’s actions, as alleged herein, Plaintiff has been deprived of rights, 

has been exposed to ridicule and embarrassment, and has suffered emotional distress and damage. 

30. The conduct of Defendant, by and through the conduct of its agents, employees, and/or 

representatives, and the Defendant’s failure to make prompt remedial action to prevent continued 

discrimination against the Plaintiff, deprived the Plaintiff of statutory rights under federal law. 

31. 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 federal law, 

to punish the Defendant for its actions and to deter it, and others, from such action in the future. 

32. 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

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grants relief. 

WHEREFORE, Plaintiffs respectfully prays for the following relief against Defendant: 

a. Adjudge and decree that Defendant has violated the FCRA, and has done so willfully, 

intentionally, and with reckless disregard for Plaintiff’s rights;

b. Enter a judgment requiring that Defendant pay Plaintiff appropriate back pay, benefits' 

adjustment, and prejudgment interest at amounts to be proved at trial for the unlawful employment 

practices described herein;

c. Enter an award against Defendant and award Plaintiff compensatory damages for mental 

anguish, personal suffering, and loss of enjoyment of life;

d. Require Defendant to reinstate Plaintiff to the position at the rate of pay and with the full 

benefits Plaintiff would have had Plaintiff not been discriminated against by Defendant, or in lieu 

of reinstatement, award front pay;

e. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

A. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT II

Failure to Accommodate in Violation of the FCRA.

33. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-21 above as 

if set out in full herein.

34. Plaintiff is a member of a protected class under the FCRA.

35. By the conduct describe above, Defendants have engaged in discrimination against 

Plaintiff because of Plaintiff’s disability and subjected the Plaintiff to disability-based animosity. 

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36. Such discrimination was based upon the Plaintiff’s disability in that Plaintiff would not 

have been the object of discrimination but for the fact that Plaintiff is disabled. 

37. Defendants’ conduct complained of herein was willful and in disregard of Plaintiff’s 

protected rights. Defendants and their supervisory personnel were aware that discrimination on 

the basis of Plaintiff’s disability was unlawful but acted in reckless disregard of the law. 

38. At all times material hereto, the employees exhibiting discriminatory conduct towards 

Plaintiff possessed the authority to affect the terms, conditions, and privileges of Plaintiff’s 

employment with the Defendants. 

39. Defendants retained all employees who exhibited discriminatory conduct toward the 

Plaintiff and did so despite the knowledge of said employees engaging in discriminatory actions.

40. As a result of Defendants’ actions, as alleged herein, Plaintiff has been deprived of rights, 

has been exposed to ridicule and embarrassment, and has suffered emotional distress and damage. 

41. The conduct of Defendants, by and through the conduct of their agents, employees, and/or 

representatives, and the Defendants’ failure to make prompt remedial action to prevent continued 

discrimination against the Plaintiff, deprived the Plaintiff of statutory rights under state and/or 

federal law. 

42. The actions of the Defendants and/or their 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 Defendants for its actions and to deter it, and others, from such action in 

the future. 

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43. Plaintiff has suffered and will continue to suffer both irreparable injury and compensable 

damages as a result of Defendants’ discriminatory practices unless and until this Honorable Court 

grants relief. 

WHEREFORE, Plaintiff respectfully prays for the following relief against Defendants: 

A. Adjudge and decree that Defendants have violated the FCRA, and has done so willfully, 

intentionally, and with reckless disregard for Plaintiff’s rights;

B. Enter a judgment requiring that Defendants pay Plaintiff appropriate back pay, benefits' 

adjustment, and prejudgment interest at amounts to be proved at trial for the unlawful 

employment practices described herein;

C. Enter an award against Defendants and award Plaintiff compensatory damages for mental 

anguish, personal suffering, and loss of enjoyment of life;

D. Require Defendants to reinstate Plaintiff to the position at the rate of pay and with the full 

benefits Plaintiff would have had Plaintiff not been discriminated against by Defendants, or in 

lieu of reinstatement, award front pay;

E. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

A. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT III

Disability Discrimination in Violation of the ADA

44. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1 through 21

of this Complaint as if set out in full herein.

45. Plaintiff is a member of a protected class under the ADA.

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46. By Defendant’s conduct described above, Defendant has engaged in discrimination against 

Plaintiff because of Plaintiff’s disability and chronic conditions and subjected the Plaintiff to 

animosity based on his disability and chronic conditions.

47. Such discrimination was based upon the Plaintiff’s disability in that Plaintiff would not 

have been the object of discrimination but for the fact that Plaintiff is disabled. 

48. 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 on the 

basis of his disability was unlawful but acted in reckless disregard of the law. 

49. At all times material hereto, the employees exhibiting discriminatory conduct towards 

Plaintiff possessed the authority to affect the terms, conditions, and privileges of Plaintiff’s 

employment with the Defendant. 

50. Defendant retained all employees who exhibited discriminatory conduct toward the 

Plaintiff and did so despite the knowledge of said employees engaging in discriminatory actions.

51. As a result of Defendant’s actions, as alleged herein, Plaintiff has been deprived of rights, 

has been exposed to ridicule and embarrassment, and has suffered emotional distress and damage. 

52. The conduct of Defendant, by and through the conduct of its agents, employees, and/or 

representatives, and the Defendant’s failure to make prompt remedial action to prevent continued 

discrimination against the Plaintiff, deprived the Plaintiff of statutory rights under state law. 

53. 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 federal law, 

to punish the Defendant for its actions and to deter it, and others, from such action in the future. 

54. Plaintiff has suffered and will continue to suffer both irreparable injury and compensable 

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damages as a result of Defendant’s discriminatory practices unless and until this Honorable Court 

grants relief.

WHEREFORE, Plaintiffs respectfully prays for the following relief against Defendant:

A. Adjudge and decree that Defendant has violated the ADA, and has done so willfully, 

intentionally, and with reckless disregard for Plaintiff’s rights; 

B. Enter a judgment requiring that Defendant pay Plaintiff appropriate back pay, benefits' 

adjustment, and prejudgment interest at amounts to be proved at trial for the unlawful employment 

practices described herein; 

C. Enter an award against Defendant and award Plaintiff compensatory damages for mental 

anguish, personal suffering, and loss of enjoyment of life; 

D. Require Defendant to reinstate Plaintiff to the position at the rate of pay and with the full 

benefits Plaintiff would have had Plaintiff not been discriminated against by 

E. Defendant, or in lieu of reinstatement, award front pay; 

F. Award Plaintiff the costs of this action, together with a reasonable attorney fees; and 

Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT IV

Failure to Accommodate in Violation of the ADA.

55. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-21 above as 

if set out in full herein.

56. Plaintiff is a member of a protected class under the ADA.

57. By the conduct describe above, Defendants have engaged in discrimination against 

Plaintiff because of Plaintiff’s disability and subjected the Plaintiff to disability-based animosity. 

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58. Such discrimination was based upon the Plaintiff’s disability in that Plaintiff would not 

have been the object of discrimination but for the fact that Plaintiff is disabled. 

59. Defendants’ conduct complained of herein was willful and in disregard of Plaintiff’s 

protected rights. Defendants and their supervisory personnel were aware that discrimination on 

the basis of Plaintiff’s disability was unlawful but acted in reckless disregard of the law. 

60. At all times material hereto, the employees exhibiting discriminatory conduct towards 

Plaintiff possessed the authority to affect the terms, conditions, and privileges of Plaintiff’s 

employment with the Defendants. 

61. Defendants retained all employees who exhibited discriminatory conduct toward the 

Plaintiff and did so despite the knowledge of said employees engaging in discriminatory actions.

62. As a result of Defendants’ actions, as alleged herein, Plaintiff has been deprived of rights, 

has been exposed to ridicule and embarrassment, and has suffered emotional distress and damage. 

63. The conduct of Defendants, by and through the conduct of their agents, employees, and/or 

representatives, and the Defendants’ failure to make prompt remedial action to prevent continued 

discrimination against the Plaintiff, deprived the Plaintiff of statutory rights under state and/or 

federal law. 

64. The actions of the Defendants and/or their 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 Defendants for its actions and to deter it, and others, from such action in 

the future. 

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65. Plaintiff has suffered and will continue to suffer both irreparable injury and compensable 

damages as a result of Defendants’ discriminatory practices unless and until this Honorable Court 

grants relief. 

WHEREFORE, Plaintiff respectfully prays for the following relief against Defendants: 

F. Adjudge and decree that Defendants have violated the ADA, and has done so willfully, 

intentionally, and with reckless disregard for Plaintiff’s rights;

G. Enter a judgment requiring that Defendants pay Plaintiff appropriate back pay, benefits' 

adjustment, and prejudgment interest at amounts to be proved at trial for the unlawful 

employment practices described herein;

H. Enter an award against Defendants and award Plaintiff compensatory damages for mental 

anguish, personal suffering, and loss of enjoyment of life;

I. Require Defendants to reinstate Plaintiff to the position at the rate of pay and with the full 

benefits Plaintiff would have had Plaintiff not been discriminated against by Defendants, or in 

lieu of reinstatement, award front pay;

J. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

K. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances. 

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JURY DEMAND

Plaintiff demands trial by jury of all issues triable as of right by jury.

Dated: 9/14/22 Respectfully submitted,

/s/ Elvis J. Adan __________

Elvis J. Adan, Esq.

Fla. Bar No.: 24223

GALLARDO LAW OFFICE, P.A.

8492 SW 8th Street

Miami, Florida 33144

Telephone: (305) 261-7000

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