had more management has to first customer service experience than mr o'quinn and and they have either distinguished themselves to their own customer service or commitment to the company  does the fact that mr o'quinn said that he would only work in one of the stores how how does that factor into this because obviously three of the four people were in other stores correct so i mean did he essentially take himself out of qualification for those position but he would only take one of those right  then we have to deal with the customer service first right i mean were any of the other four people that got any of the four people that got selected is there something in the record that they had also been disciplined or is the record silent on that ok and there is no indication in the record that mr o'quinn has been correct ok and if they started with is it was that fourteen or fourteen fourteen thirteen people on the list something along those lines and mr o'quinn came out i think second to last he wasn't last correct in that process and then they selected four people and he said he would only take he would only go to oroville and the person so to give me your  shows in terms of what you presented in terms of to show that what was false about their reasons and pretext and what was to it to show that it was discriminatory well but at first he didn't even qualify right the first the first one that advertised he didn't even qualify because you had to be a supervisor right i mean a has head clerk or whatever but did he one the first requirement that was shown did he qualify to apply  that i thought at first he didn't qualify under what that what the job spec said and then they added and then he didn't qualify by his experience and i think also one of the other people that was selected that was some sort of manager that i think it was l b m martinez wouldn't have originally qualified but then when they changed whatever their requirements she was not a head clerk but you if they start out any procedure that is to select a particular person that seems to be probably problematic from a human resources standpoint he obviously was qualified enough to get in now but you but you you have to show on the pretext that the reason that he didn't get it was i mean they said more qualified people got it and then he  state said the reasons were either in the customer service area and and the current most recent super experience and he had been a super he sort of went in and out of supervision either by his twice or by other people's choices right right and you put in evidence certain comments that have been made over his thirty year career that were ever racial nature i mean how do we link fellows to the selection committee right ok well i don't say that that can occur but but but i think that if you take it to the extreme let's say someone made a racial remark in a thirty year period that was not sanctioned you know that there's no showing that it has anything to do with the decision making process process are you saying just to have someone not to the city and a huge corporation makes a racial comment that that's yes well they do batch cases on the fair later on the calendar sometimes you want to get up and object whatever but does that really matter here since he qualified to apply for the  but let's see if we get armored a pretext i mean there were over his thirty year career and there were you know he did present evidence of racial animist as it were what you know why would you say position relative to management promotion well but is there anything that the other people were being treated differently on that no no no i mean was there any indication that other people wouldn't would get anything other than a nonunion job if they went there i mean well i just don't see how i don't see how that can be different that can pachter into why he might not want to work there that i don't see how you can put that negatively on anyone that went to any of those other stores was going to be in a non