Ayalla v. United States Postmaster General
669 F. App'x 510
| 10th Cir. | 2016Background
- Pro se plaintiff Eva Ayalla sued the United States Postal Service alleging age discrimination (ADEA), Equal Pay Act violations, and constitutional claims (Fifth and Fourteenth Amendments) based on workplace treatment as a USPS custodian.
- Ayalla alleged her supervisor assigned her harder outdoor routes and more physically demanding duties than younger coworkers and denied requests to swap routes or rebalance workloads.
- She also alleged she was denied overtime pay while others received overtime for similar assignments.
- The district court dismissed the constitutional claims for lack of subject-matter jurisdiction and the ADEA and EPA claims for failure to state a claim, granted Ayalla extra time to respond due to a USPS postage error, then denied further leave to amend as futile on reconsideration.
- Ayalla appealed only the ADEA dismissal; the Tenth Circuit reviewed de novo whether her complaint alleged a plausible ADEA claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of Ayalla’s requested route swap or workload redistribution is an adverse employment action under the ADEA | Ayalla: being forced to keep outdoor, more demanding duties and denied a swap constituted discrimination based on age | USPS: refusal to grant the swap did not change employment status or responsibilities significantly and therefore was not an adverse action | Court: Not an adverse employment action; no change in circumstances alleged, so ADEA claim fails |
| Whether alleged denial of overtime supports an FLSA/EPA claim sufficient to survive dismissal | Ayalla: she was denied overtime pay though others were paid for similar work | USPS: complaint lacks facts showing she worked >40 hours, that USPS knew of unpaid overtime, or that she was unpaid when she worked overtime | Court: Insufficient factual allegations to state an overtime claim, dismissal proper |
Key Cases Cited
- Smith v. United States, 561 F.3d 1090 (10th Cir. 2009) (standard of review for dismissal under Rule 12(b)(6))
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for pleadings)
- Jones v. Oklahoma City Pub. Sch., 617 F.3d 1273 (10th Cir. 2010) (definition and examples of adverse employment actions under anti-discrimination law)