from the record is that the city that her predecessor didn't have a lot more experience with that particular job was well known to the board and had a lot more duties then your client was given when she  was doing less duties and that in a rising at a salary for your client that the city went through a survey of other comparable city to see what a fair start and salary would be that their reason what is your argument case in the middle district of alabama where individual was not qualify one not to be a lawyer they want to learn for the position that question was not a lawyer and that it was a policy making harassing her for minutes the records show that these things were not happening to the previous clerk at back it was weeping in issues and the city council would not even approve her minutes and would wait till last minute to make a public were guard lists of whether or not miss morland represented was the st african american clerk she's failed to produce any viable evidence that she was discriminated against suffered from a racial hostile work environment or retaliated against for engaging in protected activity counsel i mean there does seem to be evidence that she was treated rudely by most of the other city employees and if she was the only if she was the st and only black employee of the city government and everybody's treating her ruefully constantly making these kinds of decisions a reasonable inference that the reason that she's being treated rudely by everybody has to do with the fact that she's black especially when she has reported comments like i'm not going to work with that woman whether it's i'm not going to work with that woman or that with that black woman and what she's reported comments about the monkey stuff i mean isn't it a reasonable inference that the reason that she's being treated that way is because of her race yes your honor it's not a reasonable inference because even taking plaintive testimony as true for purposes of summary judgment and that the council treated her rudely which as an aside doesn't constitute race discrimination i'm sorry if you're being treated rudely by everyone on a constant basis and the sole reason is because you happen to be black i beg to differ with you i think that that constitutes race discrimination it constitutes the hostile work environment i mean if you are continuously every single day the people that you have to interact with on a daily basis to do your job every one of them is acting wrinkly and unhelpful uncooperative and doing everything they can to make your job more difficult why doesn't that change the terms and conditions of your employment and render your employment a hostile work environment your honor i would address st the contention that her being treated really was solely based on a race rather it had to do with the power struggle that existed between the mayor and council that ultimately led to the appointment of city clerks and the st place in that the mayor believed she had the sole authority to appoint certain positions including the city clerk and the council disagreed with that authority and so that's where that power struggle unfortunately blood into plaintive and her the council's refusal to recognize her officially initially a city clerk and then once the injured into th settlement agreement the council did recognize plaint of the city clerk and there is evidence on the record that the council treated her the same as her predecessor and that both  f counsel gave feedback on minutes to both of plaintive and her predecessor and there's no evidence that the plaintiff was treated rudely all the time even credit her testimony and were guarding judge rosen by your questions as to the hearsay comment of what someone said to someone else about working with that woman or that black woman there's no evidence in the record that that hearsay statement had anything to do with plaintive regarding the supposedly facebook conversation which is not in the record although plaintiff testified she had the facebook post and just never produced it there's no evidence as to when that occurred or what actually was said and who actually said but even taking into account those two incidents of racial actually i agree with you there is not evidence of the actual facebook post but she did testify that what was said was something to the effect of can't keep your monkeys in control over there and with word monkeys plural but yet it's her testimony she was the only african american in city hall therefore aligned her contention that even were st to her but even talking about how councils i'm sorry must respectfully i disagree i need whether or not a person who made the comment knew how many black employees there were in the city government has nothing to do with whether or harassment over the course of plaintiff's sixteen month employment does not rise to the level of pervasive or severe harassment and even if the score were to conclude that it it would arise to the level severe pervasive harassment although there's ample case all to say otherwise in the score plaintiffs cannot establish any basis for holding the city liable for any alleged racial harassment so that in wild plaintive argues on appeal that she brought a tangible employment action race harassment claim and other work she conten c stage and notably pain of failed to raise any objection to the magic judge's finding that plaintiff failed to exhaust her ministry of remedies and as judge looks pointed out she also f where city where he or the city's had reasonable care to prevent incorrect promptly any harassing behavior and claims of a reason they failed to take advantage of the city's prevented the opportunity going to plaintiff race discrimination claims she failed to establish evidence that her and her predecessor were similarly situated under this adverse action relating to her feeling like she didn't receive the same job duties and salary as her well experienced and long tenured action and then just our court properly adopted that finding as planes have never objected to it as judge locke you pointed out used the word monkey in relation to the plaintiff and her husband yes or at least adopted that reference by someone else ye what the mayor testify regarding so that the former mayor so kelly coutts was the only mayor who was deposed in the case