Ayala v. Shinseki
780 F.3d 52
1st Cir.2015Background
- Ayala, a retired VA employee, worked ~13 years as a GS-4 Program Support Assistant in the Caribbean Healthcare System.
- Between 2001 and Aug. 6, 2004, Ayala filed three EEO complaints alleging retaliation for reporting a supervisor for alleged sexual harassment.
- Alleged actions included a poor recommendation, a transfer to an undesirable office, placement in the so-called 'Piss Room,' a change of supervisor, and inadequate training.
- After Ayala reported Dr. Feliciano for fraud in Sept. 2004, she was stripped of duties and moved to a small windowless office.
- Ayala filed a fifth EEO complaint on Mar. 13, 2009; ORM investigated two claims from that complaint; OEDCA denied the fifth complaint on Jan. 28, 2010.
- Ayala filed a Title VII retaliation action on Apr. 26, 2010; the district court granted partial summary judgment holding time-bar under discrete-act doctrine and rejected continuing-violation tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continuing violation tolling applies to post-2004 actions | Ayala argues ongoing effects constitute continuing violation | VA argues actions before 2004 are discrete acts and timely only if within period | No; continuing violation does not apply to discrete post-2004 actions |
| Whether the pre-2008 acts are time-barred as discrete events | Ayala contends some post-2008 effects were ongoing | Court should treat discrete acts as timely only if within 180/300/45 days | Yes; pre-2004 and pre-2008 acts are discrete and time-barred |
| Damages period for timely claims after 300-day window | Ayala seeks damages back to 300 days prior to filing | Morgan requires a new clock for each discrete act; no backdating | Damages limited to timely acts; no extended period beyond 45/180/300-day window |
Key Cases Cited
- Morgan v. Nat'l R.R. Passenger Corp., 536 U.S. 101 (U.S. 2002) (discrete acts start a new filing clock; continuing violation limited)
- Tobin v. Liberty Mut. Ins. Co., 553 F.3d 121 (1st Cir. 2009) (continuing violation tolling not applicable to discrete acts)
- Limestone Dev. Corp. v. Village of Lemont, 520 F.3d 797 (7th Cir. 2008) (continuing violation tolling to delay suit for series of wrongful acts)
- Rivera v. P.R. Aqueduct & S.S. Auth., 331 F.3d 183 (1st Cir. 2003) (transfers and reassignments as discrete acts)
- Ruiz-Sulsona v. Univ. of P.R., 334 F.3d 157 (1st Cir. 2003) (failure to renew contract as discrete act)
- Miller v. N.H. Dep't of Corr., 296 F.3d 18 (1st Cir. 2002) (negative evaluations as discrete acts)
- Malone v. Lockheed Martin Corp., 610 F.3d 16 (1st Cir. 2010) (reprimands and demotion as not continuing violation)
- Rivera-Díaz v. Humana Ins. of P.R., Inc., 748 F.3d 387 (1st Cir. 2014) (retaliation claims against federal employer framework)