hostile work environment cases and all these decisions to move to the conclusion that the district court decision must be first those cases are the supreme court cases brought into northern versus white and to circuit court to two thirds of the court cases jensen versus and whites advice is going to dictate that context matters and as part of that dictate that it's important to consider before and after before and after protected activity how things changed and whether there were threatening room warning officer in charge positions which were of her and his hair's level so that was in fact the time she was placed in one of those positions she was paid at the higher rate and that was a frequent occurrence prior to the tech to activity never happen again after protecting activity saying with the act improve he can it's a failure to advance she had been serving as acting who prior to her protected activity when her supervisor was out she was placing their seventy percent of the time as actually proven she was paid at that level and received you know obviously all respect and so forth responsibilities at that level she never had that happen after her to be sorry to me just the other and then the discrimination based claims arise because like it like stated jensen way and pieces would average action occur stemming from a sexual harassment complain is her direct supervisor initiated the extremely adversarial and nasty conversation with her telling her she would never be able to cooper claims that she would ruin her career she pursued her claims that she that he didn't know that she could consider her conversation was a breakdown of their relationship and from there on out he went out of his way to with drug resources from her to not support her in her position and that caused her to too great her constantly  that most of these actions didn't change the terms of the concept that it might just well the psuedo reasonable or even bring in action is clearly a broader standard if that employee you were to know that as a result of pursuing an action she would not be promoted she would be screamed at and paraded on a regular basis she would be with she would have to work twelve to six thousand hours a day six days a week and if she went you know no longer be considered as part of that the employees that were expected to take up her management this is a woman who knew her in her what dan writes her supervisor had had would never succession plan he said she would be ready to serve in his position by a year two thousand so this is not this is not of how much was disregarded by the district clueless i think that the evidence is there before you that you can judge that he didn't that it that it does meet those standards and i think it's necessary for it to be remanded from you consideration by the enough to make up a claim vital elements are missing from her analysis the causal links and the objective standard and when we examine the allegation from the perspective of a reasonable higher positions in the postal service your honor i beg to differ on the facts of the matter are that number of post office employees were elevated who had not taken that class in one instance one person was elevated getting protected activity the gender discrimination claims that she's making don't survive on in genesis and because she hasn't shown that at a reasonable employer he would have been detrimental injury by the conduct that she's claiming hostile environment under jesson again severe or pervasive she hasn't shown that he's even objective standard it's not promoting her to the pool position for example itself and there's no causal link there between her claim of retaliation and non honor if i could just explain a little bit to cathy's role situation i believe is one where i have to distinguish for your daughters that there is the post office functions and then there are the more  no evidence that these wells was chosen for that reason she was chosen because she was nominated by her decision and she was found by back to that group that included mr mishears champion mr wright to be qualified to take that class  opportunity to take this class this was not the only one time to take this class a group decided included that included mr burke and mr gryce a group decided that the people who should take this class at this time and importantly advancing and becoming upper management if you say it's ninety four percent move here to move forward in the us that it could maybe someone's opinion that it would be important but the fact of the matter is that people including this hair mishear testify that she had a fine relationship with mr group until august of two thousand and one when she had that conversation with him about her e mail deposition and from that time forward according to her he was breaking her screaming at her and so forth but if you look at the record your honor you have to remember that mishear went out on extended leave on november the ninth the record shows that the only time that mr ruef screamed at her on the telephone was sometime during one day between november sixth when she came back from sick wave and november ninth when she went out f m l a week so three during three phone calls during one day between november sixth and november ninth is when she alleges he screamed at her top other allegations that she makes including short staffing there's no evidence that he was short staffing her as as retaliation for mr burke's activity i think it's important to remember that a reasonable employee would look at the situation and say look i think mr burke is retaliating against me because i complain about mr mcauliffe behavior mr burton the time has promoted me and never mr burke is retaliating against me through the actions of mr groo all right so mr ruth is retaliated against me on behalf of mr burke ok got that now how is he doing now that he's sure stephanie he's not providing me the resources that i need but there's no evidence in the record that that was importantly the staffing issues that she specifically asked mr gates about he a washer specifically in the record she asked for a supervisor at the next level down below her is postmaster at the nazareth post office stock we've got to change the locks and change the combinations of as far as the stamp stuck on it that is not an unusual thing whenever a postmaster changes at a post office this stock is counted it is accounted you'll find that frankly nothing plus nothing equals nothing each one of the claims she's making if you look at the facts don't add up to an objective like material injury that would hire me for upper management but even if it is it cannot be contested that a significant and very important factor in considering who was in the group of employees that were baron for upper all this discussion that the postmaster general's lawyers have repeated so many times that ed burke didn't wasn't involved in the promotion of cappy wells to this position to this e m p program like judge i don't know where the but he but the point is that he has been repeatedly this truthful in saying that she came from a different place she was not that should be considered time we for several reasons one being the the fact that the her soup she for she immediately passed on the same day she notify management of the circumstances she immediately followed his directions to everything