on the part of the city officials but i'm i have struggled in working with the record to find where it can be said that that reflected some not only awareness on her part of the specific condition mr mcauliffe suffered from but had been the but that her behavior had anything to do with his disability has to be based on well i wasn't based on the context matters a disability and a lot of problems with kayla jones presumably people who had no need problems at all there's nothing in the record to reflect that her difficulties with other employees for which record our notices from medical professionals to the airport or the city that what mr mccall was suffering from specifically was a meat problem we ha misrepresented the reason for taking the three days and that created a further problems down the road for his request for unpaid leave i think it's understood that the city told him that that's how he had to do it and he didn't do it that way how we ended up in that situation but really when you tear it all down like what created this entire thing the thousands of pages you have in front of you there's lots more where that came from it all has to do with three days there have been three days of si least we can be finished up wind which is that he was told to do that well we can't dispute that for purposes of summary summary judgment but where the rubber met the road and even with mr mccall testified it wasn't called up i wasn't called up stairs until two thousand and nine he way he said i want to change this i want to change this into three days for my wife and you've on howard the head of h r said no and and saying i want f mily lee for my wife for whatever reason why he didn't he didn't put it down right me me or you know he misrepresented on purpose you misrepresented because someone told him to what mattered what matters for purposes  determination was overturned in the way there were meetings you know he was written out he was written up as a you know a well know docs which is different than any well no call no show and then there were meetings and then it got fixed or it was rescinded you know time and again two thousand and five he asked chimey again when he asked for ethanol a week for his knee condition it was granted we're where the hostility and where the problem occurred and is that you're taking time off from work and there was this repeated extension for him to get to give to give the documentation he never did some of the groups i think because he said he was going to use dr west because he said he was unable to  did not say that was due to his knee problems he said that was due to what his doctor said as he was suffering from depression so he was taking extended medical we need to deal with mental health issues now and then what happened w that at the end at the end it was the two the two time frames coincided that he had provided the documentation he and also he at the very end of the four months he had requested the april timeframe that the put him over to the side and have a conference with him who asked for example what is that we can do how can we how can we how can we address your disability well this is he did i mean this is a pretty rough and tumble environment i mean this is  a union civil service you know back and forth kind of thing but there were repeated and there were i mean there's there were meetings along the way there was right there was a one step two step three step meeting with  with mr mccall where he was he was feeling aggrieved about the way he was being treated and and and there was that you know that back and forth they are there was the back and forth with regard to you know when this all started back in two thousand  list and then you submit to and there's sort of this back and forth was part and parcel of being a d c thirty three employee but it's also part and parcel of how that how the city was sort of dealing with an accommodating mr mccall disability and in terms of the hostile work environment claim i think in our conversation we've discussed why it is that it wasn't based on disability and i think the  nygaard author sets that out quite well that you know your your employer can be your supervisor or mayor mayor big maybe kind of a docsis or maybe a jerk or maybe violating your familiar rights but that isn't necessarily harassment based on disability and as far as the question of whether the whether the environment was here or pervasive that's something we put forward before the district court but we wanted to put it forward before this court to offer an alternative  but but also part of why we wanted to bring this out was to kind of help is was to help this court understand the context in which this case occurred which is at the airport the city needs its custody insta to clean and to clean out the bathrooms and to trash and that also there's this sort of back and forth with your crew chief and the union steward and the requirements of all the different kinds of people and just kind of making the airport run and that and that most of what mr mcauliffe discussing as sort of the severity or the pervasiveness is just kind of the ebb and flow of dealing with this you know pretty pretty you know shall we say involved with them but maybe they had problems with well or maybe it was an issue well thank you for bringing up the couple things with regard to that particular incident with mr brian x that was a request for a vacation day for his anniversary and mr broughton x ray oh no no do not now that's a that might be for a number of reasons but it doesn't necessarily demonstrate animists or on the basis of disabilit us have to do with the two kind of low level supervisors mr doc mason and mr bob next and here we've got a four year period in what might be called and in fact we do call sporadic how many times or five times into this recent yes it was it was three or four at one point it was well he i was questioning his authority because i didn't want to come in for vacation because it was snowing and he was hollering at me or mr or mr mason saying after he'd taken time off for his uncle and his father and his children he said you know what you have taken time off now these these are not these are not necessarily he's maybe understandable that he's maybe not understandable they may be kind they may be unkind but this this is sort of the give and take of the workplace and the fact that something may be tense or uncomfortable or presence at meetings where he would wear what was that issue was this you know definitely for his wife he could have asked for more unpaid leave now what you could could have done sick time you can advance so so this city cannot accommodate something that was never requested or that from from a plane or sense that it really he really were deserved that when he did  took her sick days away and then never gave him access to either the sick days or an extension of her medical exemption medically for three days when he was sick down the road that's why we had this a any of the meetings this is he could have said work you have a problem we have a problem how can we work together to come up with something that works for everyone that's the model that congress had in mind when they elected da da what exactly they