title seven retaliation that's our count number three and there's a nine hundred eighty three equal protection clause violation that's count number four and we are also here to bring to the court's attention that the hellish workplace standard which this court has dissipated is still being cited by district courts in the circuit as controlling precedent and we asked this court to expressly overrule that holding it so it's this court's holding in perry yes you're at the beginning i wonder if you could perhaps elaborate a little bit i understand there was some discovery in this case to take in the district court to not have the pleading stage i believe there was again i will tell us a little bit about that or how much how honor i don't want to give the impression that the case was dismissed without giving the plaintiff time to take discovery that the case actually was dismissed on plaintiff's third amended complaint and so we're not it is not our position that we were denied the opportunity to take discovery but it is our position that the third amended complaint did state a claim on all of the  four counts that we raised and our strongest argument is the dismissal of count number one the title seven hostile work environment based on national origin and just as background based on what the police and say mr alamo it was and currently is a chicago firefighter he has a and the pleadings described him as a latino of puerto rican descent he worked as a chicago firefighter and during the time of his employment he was subjected to various forms of discrimination based on national origin and we highlight four different kinds there were racial slurs which we identify it in our opening brief i will quote them in this courtroom but they are what the court has identified previously as on ambiguously and racial epithets these a crude comments or offending comments but these are an n big you asleep racial epithets they mix vulgar profanity it together with references to mr alamos national origin they we can know that there is a connection between that and mr alamos national origin because even accepting mr alamo statement that he said that he could not handle the harassment any longer we we still don't know on what basis he was harassed another words was it because he was thought of as an op being a team player was it because he was thought of as being unpleasant to work with was it because he says he slept through a run and stephan felt that he had churches responsibility  and i i guess the same can be can be true of a seven saying i don't like your kind because alamo had just slept through a coal and nation that just as likely question yes it's possible it certainly is possible that the stephens comment i don't like your kind was a harmless comment and it's possible that that harmless comment might have been directed at the fact that mr alamo was sleeping because he did not feel well he wasn't shocked in his duties but he was sleeping because he didn't feel well so that is possible however i would ask the court to take note that actually what happened but it's actually the contrary that the pleadings are to be viewed in the light most favorable to the plaintiff and so even if it's possible that miss that that captain stephan did have a harmless meaning behind this comment i don't like your kind if even if that's possible i would ask the court to view that comment in the light most favorable to mr alamo and view it as yet one more instance of what he had been complaining about all this is just one more example of that i don't like your kind i've asked the court to ask itself what does it what is meant by the reference to your kind and i know it and now i mean i we have to take the pleading that is before us but how do we deal do you think with the fact that he didn't plead anything about derogatory name calling until after his first complaint was thrown out you know one would think that a thing like that would be the most memorable and important enough to you know include in the first complaint yes your honor i would agree and i cannot clarity sooner but i believe there were general references to derogatory name calling but but it's true the under the specific unambiguously racial epithets were not identified until a thirty minute complaint however i would again ask the court to view the pleading that has been dismissed and not to hold against mr alamo that prior pleadings which are not before the court did not provide that level of detail it's this third amended complaint now that the district court did give leave to file and so apparently for whatever reason the district court granted mr around them and if not i'm perfectly happy to continue speaking about this matter but if there are no other questions about i do have another question because this around though didn't tell me ten implicit about the or altered bumping and then that was followed soon after but it was a separate alter cation also involving captain stephan regarding were mr alamo was pushed into a wall multiple times and lieutenant bliss actually witnessed that he saw that happen and he was not at the same time it was not actually the same it was the same day but it was not the same time it was soon after but it was in a different location in the firehouse the first occurred in the t v room the second occurred in a different location in the firehouse but the second is important because lieutenant blissed observed it himself he saw it happen and so i have arguments to make to address that point but i want to get back to just rove this question that you're on or are you asking about the incident in the t v room oh i was under the impression that it all happened in the that they were separate the t v room incident did not happen where lieutenant bliss observed it but the pushing into the wall did he look tenantless directly saw this and he actually inquired with what he asked mr alamo what was going on here and mr alamo replied i can't handle this any longer and not being able to handle it any longer was a direct yes he did something but he did not do enough to remedy it and i would point out that mr alamo he did not cease to be a firefighter on that day he remained a firefighter and so it was incumbent on lieutenant  take steps to actually remedy that situation to conduct an investigation and speak to captain stephan himself do something to look into what he personally witnessed after mr around that mr realm of had been suffering from actual harassment that he bothered him enough that he complained about it at least on those different occasions and so when lieuten chica wrote us we know what chief trigger wrote us that he'd asked mr alamo not to do anything take no action please do not involve the police and in fact what chief shapiro does that is he took mr alamo aside to a different firehouse and sat him down for a private conversation to try to talk him out of involving the police and bringing charges against captain st  slow pace of the health of valuation when your client or attempted to return to duty your honor i must admit it's not directly pleaded in the complaint no it is not but i respectfully submit to the court that it is a reasonable inference based on chief shapiro's his response of getting angry with mr alamo or mr alamo insisted on proceeding and complaining about this matter to the police additional minutes this time to even things thank you developed enough that we know whether this firefighter has no case as a matter of our own was he ought to be given a chance to do for all up to tell us a little bit more about the atmosphere your view the complaint says that was the only incident that he have or complained to management  and i would like to begin by emphasizing once again that what we have here what i asked the court to focus on is that in count one we have unambiguous  lee racial ethnic slurs and physical violence together at the same time and this court has previously held that in some instances the unambiguous lee ethnic slur by itself under some circumstances that can be so severe as to create a hostile work environment and so here we not only have more than one instance of different unambiguous lee ethnic slurs vulgar ethnic slurs we not only have that but we also have violence we have physical violence against mr alamo has it his person we have correct observation your honor the captain stepped in it is pleaded that he that captain stephan was not his immediate supervisor but that only impacts this case to the extent that captain stephens conduct then cannot be attributed to the conduct of mr alamos employer but still as a coworker his conduct should have been remedied by mr alamo supervisor who was lieutenant plus lieutenant plus was fully aware of what what what else should he have done there's no indication that he did anything else there's no indication that he looked into it himself there's no indication that he followed up with chief shapiro just to find out what chip the wrote us was going to do about it said that he could help with the harassment at the firehouse if alamo agreed not to bring charges and not to involve the police now this is the extent of what other of the city's remedy