palace ruling in determining to give a soley because of instruction instead of a motivating factor causation instruction in this failure to promote race the difficulty i've got is beyond that then doesn't it depend upon the defense theory of what what it infatuation always i'm sorry i mean from a plane of persistent thought always to i'm ready as i mean your position is of course we can show discrimination because we brought the lawsuit saying is that there is some evidence from which i try or fact could find that the decision was motivated by discrimination as well as by legitimate reason does that the defendant can't say well you don't get that instruction because where we were saying it's a big they don't get to pick the defense and eliminate the and if they didn't offer a legitimate reason then they could be entitled to the because of instruction i guess that's the that's the one place where where the defendant can't just pick a motivating factor if they don't if they offer no legitimate the reason for them not offering him a full time job the the evidence is within the multiple varying in for reasons given by ms pick their if they want to adopt the same that's all right and he want to say thing about yes about about the discretion involved discriminated body else i never would and that kind of character evidence shouldn't come in those two factors compound the problem with instruction and of course we believe that the inconsistent in the  is the notion that that giving a sole cause instruction as opposed to a mixed mode of instruction somehow raises the burden on the on the plaintiff if you read cost or that's certainly not what the cost the court s the court says that regardless of what kind of instruction you the plainest burden is always the same plaintiff has to prove that the the decision whatever it was in this instance promotion was because of an opening arguments both sides argue that this both sides argue that you either believe that nike validly conducted the interview process and determined that marlon townsend was not one of discrimination and if you look at the evidence that the townsend put on it was directed at attacking the validity of the interview process  false that i got that i didn't get one of the highest six and the reason it has to be full is because i participated in the mock interview process that that night he did institute  e the c b s to interview system and when i when i did that i i had the highest school on the on the mark interviews and they asked the same questions in the in this interview process as they did in the mock interview process so if i got the highest score then it had to be that i must have been one of the best interviewees in this process well the problem for townsend was the jury heard that townsend was never even told his mock interviews and he was never told what the other mock interviewees stores were so hockey possible you know that he had the highest score on the mock interviews and the other problems like nike didn't cheat that was in fact what it was was a training process to train the managers who were going to implement the c v s process for them to to get some expert implementing the the process there wasn't a training anderson explain why why the interview process was conducted the way it was that that they used tested for fewer competencies because they were interviewing nothing but internal candidates so some of the competencies they might have surprising ted there's no question that the scores were what they were marlin towns and it wasn't one of the top six interview schools and so on and the other evidence was jury had the jury got its got to see what answers marlon townsend gave to the interview they get they got to see the same thing i got to see they got to see all the other candidates who got who got promoted there at the trial and got to see all the evidence that came in and the trial court makes the initial evaluation as to whether or not the case a lot of you sense the jury as this was or a or a mixed correctly perceived that's the way the parties try and that's how the that's how they stated the case on opening argument and that's how they tried it and that's why the judge properly gave the sole cause instruction night he never asked think it's certainly part and i just culture i'm like he's the biggest in basketball basketball is primarily a populated by african american athletes they have the largest number of athlete in an african american athlete endorsers i mean