farno pro se litigant and morning which just one second so they'll shut the door in the back and then you won't hear so much noise behind you thank you we're going to go if i'm a police record i'd like to begin the start the district court failed to acknowledge the material significance of my stand as a permanent employee and as the  a contract his that is designed for permanent employees has special provisions that protect the civil and human rights of a members of a protected class the county ignored the c s a special provisions and in doing so rejected the less discriminatory process set up by the contract the district court failed to acknowledge my complaints about the noncompliance which were in fact a complain about protected activity the district court failed to consider the appellate retell atory denigration of my professional skills each and every time i asked questions for clarification about the noncompliance or yes for an explanation about the process the district court failed to consider that this constitutes a hostile work environment that is subject to the continual violation doctrine the november  morning can you explain and we took a little of your time so you have a few extra moments so don't worry about the yellow light why this fits why this constituted a continuing violation is that tim that demotion was a disk was one act in time you know when you take yes there was one that was the determination of the district court however it was and it was my demotion the reasons and justification for my demotion were the same as my terminations and it were was not two separate acts it was a series of more acts every week events took place the demotion of my professional qualifications which younger male defendant dorsey used to justify well if i'm incompetent there's an emergency situation he needs to take my place which he did so we swapped jobs at the time i thought well he has been with the department longer than i and i do need to recognize that he this is the only professional job ahead he was there a long time however i thought ok i'll accept a demotion but i'm going to get national survey cation is a planner to demonstrate i do have the skills to perform as a planner however what i found over a year is that my ability to succeed made them lose face they needed to terminate my employment to demonstrate i was incompetent aidid to be out of there and but it was based it was based without any discussion of what was expected of me it was based on when i'd say well what do you expect me how  evaluated i was told we don't need examples i can tell anybody looking at my face can tell i'm ignorant and then when i ask canfield for an explanation he says if you want to keep your job figure out how to sell yourself to poor  or to andy and mike and i said so mice you mean like marketing and he says no he had snatched it and if you can't figure it out you don't have the mental capacity or the the understanding to work in the department so it was obviously sexual in that it characterize the entire employ review process that i was subjected to think it was a hostile and work environment i could never ask about the evaluation because then they would twist it around and say we're obviously don't understand how things work here you can't work here if if you don't understand so i couldn't see anything and i complained complained to the h r representative susan babka i plan to the president of the c s c a union i complained to two presidents of the c s c union the union told me yes here's your contract you need the contract that shows that whenever there's a negative concern about an a permanent employee in this we documented in writing and discussed with you so you can figure out what's expected of me and i can resolve morning your honour's name please the court laura sprang for the defendants i'll call the county defendants for ease of discussion obviously this is a discrimination case based on title seven and the ada and retaliation there were some other cause of action and i just want to put on the record that we believe they've been waving haven't been briefed there's a one thousand nine hundred three claim equal pay act claim so i want to dress them unless the court requests i would like to emphasize here that on the issue of the motion that that was a discreet act the claim was never brought to the our belief and obviously the briefer flex that that now is barred from the claim of title seven in the eighty play you made a statement i believe in your brief if there was no protective activity here but that is wrong acknowledge that that statement is wrong because in the record the plaintiff does say that she made her complaints to says about the human resources representative we do not believe that there was a protected good activity in this case obviously under the definition of what a protected activity is there has to be a complaint about some type of discrimination or unfair treatment that was never identified here there's nothing in the record establish a prime a patient case right but the but the question of whether or not that's a protected activity is our position that's not a protected activity because there has to be something that that plane to putting gage in in an discriminated against or home rast because of your age and sex yes yes question who is that answer susan bad kalak when did you make that complain that is not a sufficient complaint when someone complains to an h r person about being discriminated against based on her age or sex your honor i agree with you that a protected  person that they complained about some type of sex or whatever protected class would be a protected activity under the way we define protected activity i do not believe that that testimony warrant the fact that judge heard in his decision going through the retaliation would he said was that there's no there's no complaint so that's an  choice having just what i read to you would you agree that there is evidence of an oral complaint and therefore would you agree that when judge said that there was no evidence of an or complete that was an error i have to go i have judged hurd's i believe what he said on the retaliation it to his language page sixteen which is a special appendix are no it states as previously noted plaited never filed a written complaint with the county defendant of any type of age and or gender discrimination and i believe that what he was talking about is that there is the policies and procedures that are in place going back to or are given to protect their activity if there is a manual in place or proper procedure to complain that was never or sex discrimination don't mean i didn't mean to belabor that with you but i wanted to bring it back to what judge heard had what his decision was between a written complaint and an complaint well i think there is and especially when you have in she was being treated differently because of her gender and  it's to be resolved between the manager in the employ that the h r is not getting involved in between issues between the manager and the ploy i wanted nothing to get along and do a great job so i didn't want to continue to ask you late i just wanted to prove that i was doing great job while i was working there can't can't field was director the department continually told me he was happy with my work it wasn't until after i filed the e complaint september or i filed the e e o c complaint and i believe it was june of two thousand and ten defendants came back with the see the ink employer statement a position that describes me is i can't learn i can't remember i can't communicate i can't all these dramatic you know like it sound like it be miraculous that i could tie my shoe that th your work so it's like ok i wasn't going to complain about him at that time although the i was the younger male staff were making issues exaggerating little things at a big things i thought well as long as he's the mysterious as far as i'm concerned so that was one of the reasons why i didn't escalate further while working there but it's also in the testimony in my response of defendant's interact atory said that while i was confiding to susan bangkok about the way the younger male staff were seemed to be switching blames for things they caused exaggerating minor issues there i was contemplating making an issue out of it but she did tell me that she said to be honest with you this is my testimony she said directly to me she said i don't see eye to eye with the director and the only thing i can say is