director so she recruits mr stookey to come in into the position and says we're going to work around the educational requirements committee former commissioner leon king with that requirement into the into the specs and so he's told that specifically and then he goes in and and buy her testimony she he does a good job and she says ok and she said no actually was a good job that he did and then for whatever reason she called into a meeting with with  equivalent what's your problem but brings brings in his boss is there already and says you got to go tell him why you just leave it alone if it isn't a specific it attempt to get him out so why doesn't he say well that's that's a lot of hooey because i've got the requisite experience it says right here and and he never i mean if he if he doesn't understand what that's all about is that and eventually becomes the director of work that's troubling well you know the thing that troubles me is the only indication i see any discriminatory actions is this just  that the way that mr brooks approached mr stewart in his shop holding the keys and taking the computer that was the computer was taken from him and it was put in an office empty it's not like someone else needed it or were there recently is is the this charge is they told me the position required which they told me they were and yes in the end they told me that if they were going to wait for me because of my experience they told me they were going to leave and they called me to a meeting which my boss says sorry the deputy commissioner is now saying different recollections there's one recollection that there's a meeting and then doherty and sticky say there wasn't a meeting there with that that was attended by the deputy commissioner and or mr brooks i think it's  the director and do operational stuff and then he's called into a meeting why it you know especially with you know the comments that were eventually made and i understand that the city's attempt to isolate that comment in the say well that was m johnson's comment from is from deputy commissioner that he they were romantically involved and she recalled that that deputy commissioner hammond had said about mr brooks he was looking out for a brother and then outright slurs toward him yeah right now the only place to get that issue is from donna marie johnson then you know i mean if stookey says there have been none where do we find invited the circumstances of the workplace it didn't change the conditions of the employment which is a good thing we are that it was a pain and he may have had a supervisor books for me and emotionally been incredibly obnoxious but my god  these settlements in that regard were because of the way that the position changed and also because of what brooks seemingly did once he was back in his general product shop you know with holding the keys and making sure that the  record the court says that words are only relevant the actual words are only relevant insofar as they determine the intent of the speaker you're on your honor when you look at the record in this case and on the page that that this comment comes up on and mr johnson's deposition it's abundant clear that she's talking about mr brooks going to training she said because for him it wanted to look out for her brother and the context in which that came up was mr brooks attending conferences and attending attending this training well she doesn't believe that mr brooks's troy's of discipline was correct cheat but she did say that there should been progressive discipline at the time so she conceded even then that some discipline was appropriate or you three years so this could this could have lasted as far as he knew for for an indefinite period of time mr brooks was in the position of acting assistant director until you eventually applied for and got the position of director of a corps so there's no indication that there were any hurry to get rid of him they just record it's where mr wood is it's very her deposition which indicates that mr sticky said if you wasn't going to get the job permanently then he didn't want it and he she said it was pretty stressful so she was recounting her conversation with mr to get what  was stressful the fact that he know what he was going to do with the fact that he was going to a stressful job the job itself there are i'm she's a she's describing why he stepped out of the position the impression that they get is that the  this court pointed out the fact that the only the only real activity was the moving of the computer you know or and that's explained in the record mr already actually explains that she said the deputy commissioner him and just had a sex mix up he thought that the computer was for the assistant director of  think i think one of the most important points about the moving of the computer is the fact that mr stookey never explains how that affected his job so he complains that he has computer access was denied for a month but he never really says this affected my job performance mister furniture might be more important to some people's jobs your honor than than than a computer if it's part of their job is to have people come in and to counsel them on on what they're doing within their certain industry shop mr sticky never says in the record and his argument in this   you know that's not severe treatment under under the hostile work workplace analysis to the rest of the to the level it needs to and you want to importantly there's no indication anywhere in the record that the moving of the computer is based on race you know the heat mr stuckey points and i think that that indicates that the moving of the computer was based on race so even if it even if it were severe which he which he doesn't explain how it would brooks were but i think based on race we're look you got the job over i got the job you don't have college i don't have college i file a lawsuit and this is the extent of it he didn't complain anything you cited a month before isn't that exactly the kind of situation that i'm on says you should be very very careful in the days context and people are sensitized the fact that you don't discriminate workplace you need to be particularly cognizant that by  right and there's no mine suggest that we should interpret that he's saying you know and i think the more the more apt case is the barber case in which your honor wrote the opinion and back in i believe ninety five indicating that look there has to be some specificity to the claim in that case in the case it was references about racial animus that occurred and there was no there was no undertones it was it was very overt that he talked about about lincoln fring it was a common word he did you hear lincoln freed the slaves and the white employees refused to work with the black employees and to your honor there's stuff in the record that indicates what happens is in the general product shop where he worked they make a lot of like mattresses and pillows and things of that sort and they keep their inventory on the computer because there was this tension between brooks coming into this whole thing is he's like why is he coming in because it's all in the computer reports so stupid shop would generate computer reports every week or every month whatever it was and how many mattresses were being made in what was being  of stock his office that so it was was very much part of his workplace that computer and then again back to the question is what use was made when it was taken to just put it in at the office and no one was using it it's terribly important to the primary  donna johnson and dougherty both point to this thing that happened after mr brooks went into the position that basically the director which was the story at the time was eliminated from she wasn't called to meetings and you know it was hamman and brooks as though it was a direct line of authority in the hierarchy at work which there wasn't there was a director in between them and it and they both pointed to that and i would go back to exactly your hon and i think that it's the point here is is that a summary judgment stage is this that the district court's decision can't be upheld back before to me it was before mr in july has now given me a specific reference she's not quoting what he said if he had no chance of ever getting it permanently so after a time that he told me that he wasn't going to continue the job which was pretty stressful actually if he had no chance of ever getting it permanently this is he told very stressful he told me that it was written and i'm sure he told me he was he was going to continue the job comma which is pretty stressful actually i think that's her characterization of the job and what was that after that if he had no chance of ever getting it permanently and that was his impression that he was called a meeting that he thought were not true and the reason that there is stuff in the record to indicate that no one ever has an acting job for three years that's in the record it always much shorter than that he was left in the acting job so he could be groomed so that he could fill that you know it quickly and experience to our position that mr brooks was given that job for so long so that he could he could then assume the role of director which in fact it i