Ayala-Sepúlveda v. Municipality of San Germán, 671 F.3d 24

Ayala-Sepúlveda, a gay employee of the Municipality of San Germán, alleges workplace harassment at OMME in 2006–2007 due to sexual orientation.
After a 2007–2008 relationship with a coworker, Ayala reports shifts changes, isolation, and a relocation to a storage closet.
February 15, 2008, Rodríguez allegedly threatened Ayala; police were summoned to the scene.
May 2008, Ayala is informed of a transfer to the Cemetery; he declines, and is later transferred to the Finance Department.
Transfer to Finance did not affect salary or rank but allegedly changed duties and caused anxiety requiring medical treatment.
Ayala filed suit May 26, 2009 asserting Title VII and § 1983 claims; the district court dismissed some claims and granted summary judgment on § 1983.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether pre-transfer acts constitute a continuing violation	Ayala argues continuing violation covers earlier harassment	Defendants argue hostile-environment claim not time-barred by continuing violation	No; only the transfer was actionable under §1983
Whether the transfer was an adverse action supporting retaliation	Ayala contends transfer was retaliation for CASARH filing	Transfer did not change pay, rank, or duties in a material way	Transfer was not an adverse employment action; retaliation claim fails
Whether Ayala was singled out for discriminatory treatment based on sexual orientation	Ayala asserts selective transfer due to orientation	Plaintiff failed to show comparators treated differently	No evidence of similarly situated individuals treated differently; EP claim fails
Whether municipal liability for discrimination rests on Negrón’s or City’s conduct	Discrimination condoned by mayor translates to City liability	No evidence of Negrón condoning discriminatory acts	No basis for City liability given lack of discriminatory intent evidence

National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (continuing violation doctrine applies across contexts)
Rodríguez-García v. Miranda-Marín, 610 F.3d 756 (1st Cir. 2010) (mayoral liability for municipal employment decisions)
Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252 (1st Cir. 1999) (title VII harassment not actionable based on sexual orientation alone)
Ríos-Jiménez v. Sec'y of Veterans' Affairs, 520 F.3d 31 (1st Cir. 2008) (offhand comments not sufficiently severe or pervasive)
Bhatti v. Trs. of Boston Univ., 659 F.3d 64 (1st Cir. 2011) (hostile work environment requires more than isolated incidents)
Arrieta-Colón v. Wal-Mart P.R., Inc., 434 F.3d 75 (1st Cir. 2006) (evidence linking harassment to work performance)