but as it got to the supreme court only the period of limitations met and that question i think in this case i think there's a broad agreement i think even with the dollar general's counsel about what leading to the terminations of your client what's your best as evidence or can you summarize how that raises an inference that dollar general terminated your client because of his skin because that's what don't think that matters there are other cases that you know even members of a class can discriminate against other members of a protected class the evidence in this case testified to by mr cast doubt or was that mr hobbs viewed him as a liability from the moment they met due to scan and just thinking if i'm a supervisor and i've got an obligation to my employer that depends on the performance of mine ploy persuasive indicating the way that people stereotype or can stereotype cancer patients and the fact that cancer patients are never fully cured or can some pink cancer patients are  comments to mr castor when you met him the evidence was that mr katz that are interviewed for a job in gary indiana and initially never see the call back from mr hobbs the evidence was also that mr hudson's direct you're not claiming that was the correct no no it's evidence of animus and it's not only animus you know broader sense towards you know disabled people but it's evidence that mr hobbs few mr cassatt are somehow down on his hands and knees and straight now shelves and told him that he would walk away watch him work till he dropped the district court rejected the concept that could be evidence of discriminatory accounts if you want to keep your f ing job there is this court found that that wasn't evidence of discrimination because you can be equally rude to pretty people and not pretty people in this case though both the comments we relied on made by mr hobbs were directly referring to his disability one i know three people who had what you had in their old dad and two that it's not just go do your job it's i'm going to see here and watch you work to drop and this is a time where mr caster's undergoing cancer the nd piece of evidence is is around the terminations of mr ca there was mr hobbs intended to terminate mr cassatt or before any of the policy violations that dollar general relies on were investigated indeed he intended to terminate based on performance a dollar general asked him to put him put mr cassatt or in a performance improvement plan and at that point mr pups be any investigating with a chart trying to determine whether the policy violations that occurred the import of course is that those but given a situation worse there is somebody in your store committing a policy violation in this case it's a violation of law the person is committing it isn't even disappoint the h r supervisor conceded that the h r employee conceded that she believed in mr cassatt or wasn't even aware it was taking place and again mr caster wasn't terminated for negligent supervision he was terminated for a policy violation only the policy violation under dollars gener cancer and liver cancer or disability we have to have never disputed that have never tried to imply that there's a dispute over that i'm certainly by the a there has been some briefing back and forth about the timing of exactly when it is that mr cassatt or went into remission and i think looking back at the briefs and that his testimony i might have misused the word remission when he returned to work  i'd like to kind of jump forward to his last week of employment with dollar general at that point sarah price went to a regional meeting  at the same time she was hearing rumblings about problems in mr caster's region turnover there was very high compared to what the company a i'm around us and nicky is says it's good to meet you i've been hired i've been working for the company since the rd but she hasn't actually been hired and what we ha found is as the discovery developed in the case is that mr cassar thinks that he hired his morale us on april rd her paperwork was not completed in dollar generals answer electronic files not process electronic and that dire general's database and that's kind of the crux of this conflict that gets reset in multiple ways where he is the district manager over a dozen stores and hundreds of employees he's not a data entry clerk he's not done doing his job when he types the information into the electronic system it is then responsible for verifying ross has been hired by the company that her eye nine has been completed and that everything is up and running so that she can be employed so meeting this morality was a big red flag drug test also is not in rolled in their payroll system so he's owed over six hundred dollars as the week goes forward it turns out that eric a's who has been working for dollar general for three and mr caster's explanation for all of this is i told kathy tracy to do it granted she's not the store manager of the bluffton store she's the store manager down the street but i told her to do it and if it wasn't done it's her that there are some disputed facts listed in mr cassatt or your play brief one of the things that he focuses on is a letter that he wrote about chup who was the temporary supervisor well before the term nation took place and there's a dispute over whether he actually sent this letter to six patients a space letter to be send it to mr hobbs or  ultimately from dollar general perspective it doesn't matter because nothing in that letter said anything about a disability discrimination about retaliation and nothing in that letter said anything similar related to the reasons that mr cassatt or ultimately was fired so the letter purposes but even at trial i don't i don't think that gets him anywhere if mr hubbs said i know three people who had what you have and they are all dead that's a terrible thing to say when somebody has just told you about their new cancer diagnosis right and it is reasonable to infer that he is insensitive to infer that he's a jerk too for these awkward but it's not reasonable to infer because he said that that he plotted for a year and a half to did or could have the authority to terminate mr cassatt or without ms price's involvement she wasn't part of that kind of that so worst case scenario mr have three people who had colon cancer and those three people died it's not a comforting thing to say that it's just been diagnosed with cancer but it's also not illegal thing to set the context for the comment about i'm going to watch you work until you drop  mr hudson i saying that but he did admit in his deposition yeah i probably have told mr cassatt or to arrange cans on shelves when i coach store managers about merchandising i put them in for white sections and show them how to front all the merchandise and have it all organized nicely in color coded so that it's track to display for consumers so probably he did ask her to do physical labor like that at some point  also there's no reason to think that that's just for minatory mr caster did not have any restrictions during the time frame that he alleges this happened so there would have been you know he wasn't picking on him in particular  she's not allowed to take breaks with her coworkers she's not allowed to move her car in the middle of the night traditionally people who parked car away are allowed to move their cars closer to the building for safety when the earlier shift leaves she is forbidden from doing that or at her work station because that her coworker reports her for sitting down on the job can she try to ice her knee on the loading dock well maybe but then she has to sit sideways in a way that is painful to her but she's not allowed to leave the premise all the other employees are she ends up getting fired because one night she's leaving the building and she has a taser with that she turns on on her way into the parking lot because she's going far away in the dark in a parking lot where people have thirty year old body builder of a coker after she's been carrying this taser car every night for ten years that's a standard coup or a pile of evidence that we look at it all together a reasonable jury could that this woman was discriminated against because of her disability mr pastor's evidence does not add up to anything near what ms rowland had and what the court ms morales is hiring records that the processing system for the bluffton road store which is where all this took place blocked because the manager had left employees in her computer and then assign him hours again it's not just a matter of delegation and you know failing to oversee ms tracy was literally putting people to work without putting them in dollar general so she was assigning the hours she was telling them where to go and she was not assuring that they would get paid i understand the contention of mr caster should bear some responsibility for that if we're talking about a you know matters of employment management but the point is that he wasn't even aware in this brief period that this was taking place and again the evidence is that instead of being instructed on store turnover larger management issues mr cassatt or district manager for doesn't i think that many sixteen stores was being asked to be on his hands and knees straight from the way that he was treated by mr hobbs from that st comment all the way through the terminations and given with the evidence of the pretext disputed at issues of fact on the store policies there's enough evidence to believe that