they were unnecessary and they were unfair but the jury will be entitled to infer from this evidence is that the employers a live picture use of acting appointments was motivated by a desire to do and didn't run around merit based promotions and create their own new normal where acting apartments gave recipients a competitive complaining about but is only a problem with that if it is important on both yes so he complained about employment practices that prolific use of acting appointments and the causation is the one statistic that the employer and its statistician tend not discovered that statistic is where five and a half of the case in the shipyard case in which the court said the fact that the employer haven't hired a single minority in six years was clear enough evidence to entirely complain they cannot be factored into the statistical analysis because that was a corrective action and now today it was submitted by the scientist stated we believe this was a band aid this was ok we agree with you this is having a disparate impact and we'll make a correction only problem is there correction didn't dignified any relief for the  based on an acting appointment he had to go through the merit based promotional process which is another distinction so when it came time to promote a black manager he had to go through the elizabeth mccarthy who was hired same day as my client had a high school diploma so right you needed to be able to advance up wasn't particularly education or wasn't tenure in fact the criteria is not written down so i just may tell you is that yes every member of the union was a table being for promotion she had more education than all of them and even they defended miss that in the course of two thousand and nine to two thousand and fourteen and close to fifty a jury to say why what's motivating this why it is the defendant's answer to the question of why acting appointees could serve as an acting capacity for a year or more position that's one hundred percent of the time that means that this new acting appointment process be tame the process and the normal process of marriage pays became a sham class c was performing her job satisfactorily and there should have been a presumption at the prime of fashion who states that she was qualified for promotion also we s consideration of these complaints is not appropriate at the prime of bassy stage and i submit they're not appropriate at the third and final stage they are evidence of pre action to correct these alleged problems with the employee so all i say that the employers assertion is the employee  that she was anything but a dollar five and appropriate to form chords are the same way everyone else that i don't think that it's appropriate for this record to assume that the employer was correct is that it really wasn't a secret formula it was being a good employee is being someone who was conservative managerial function in a pinch when summers needed to sell em it was a basic criteria like  you say that management hit this criteria that was never shared with anyone but still it but you're saying you're saying that based upon the employee's impressions that people were promoted based upon that it is them that we can't