very interesting scenario and for this and it seems like there was actually an error and the merits that turned or to turned on a dispute as to the employer intent on this case is that they're not just the right there are private not for profit corporation so they're probably not for profit so they take taxpayers money so any private not for profit that takes tax dollars has to practice nondiscriminatory discriminatory hiring practices now when the taxpayers want to have the most qualified person for the job you would think you would think my field of work is unlike most jobs i work in the field of public mass transportation where it's considered a safety sensitive job of moving people from point a to point b through moving traffic and is is really a safety sensitive position especially with heavy equipment that can have the potential of devastating effect and actually eventually did in this case and the reason being is that the people that they hard were completely inexperienced i mean so while they are in training the tell us actually  in the st year that they were being trained and these these are all put in facts and i don't see how this could be considered something that i that i litigated or that i created because there are proven facts and this is why someone like me in my experience should be considered for promoting immediately in this field of public mass transportation if in fact my references were checked because it appears that they weren't checked because if they checked my my status they would have known that i worked for the regional transportation district in denver before i came here and i worked there as a fill in transit supervisor and actually did every single every single  criteria that was offered on the on the application so i met every single criteria in there and the st time i applied i wasn't accepted because they said well they probably wanted like a union person or someone who had been at the company longer because you can't compare the regional transportation district in denver with the transit area thora to get in new york because there are different so i went ahead and went with that and when i was trying to use that the the lawyers kept saying that's beyond the scope that's beyond the scope and i didn't realize as a pro se litigant that i could've you know contacted the judge and say listen this is part of the scope of the case because of of it lead up to where where i finally decided to apply for the job with ten years under my belt with this company i was there for the merger in two thousand and six i was there as one of the original trainers which i can prove through the witnesses that i wanted to put on the stand that i was one of the original trainers there that helped train since two thousand and six until two thousand and thirteen when the st at when this job was offered and at that point i had trained three quarters of the fleet plus two dispatchers two supervisors and now two managers because i get to that in just a nd i'm sorry you know ahead of myself so i was not even taken into consideration and they say well how could you have known that that they weren't going to hire you it's like because they didn't i mean they waited seven months so after they waited seven months they decided to push a two week hiring process and when i took the deposition and i stated that i was going that i wanted more time it wasn't more time for the interview which which was misconstrued as being time for me personally than everybody else that was not what happened those words were twisted i wanted more time i didn't want more time i wanted a different time space a different time to where i could have  well what happened was in yes or no did you enjoy your application i withdrew my application after trying to find out if i would have a working team on my side because with my experience working as a transit supervisor in denver you have to have the support of the team and the people around you to make a positive change because in mass transportation people can die and they did and that's the thing you have to keep your ear to the ground you have to be proactive and you don't have to and you don't wait until something happens before you proceed with it and that's part of the frustration that i had over this time the time is expired ok supervisor position and what of that is found by judge sharp mr glegg cannot establish a prime fish because you can use a discrimination based on either his age or is national or of discrimination mr glegg those salt and misplaced reliance and his qualifications for the position might have established one element of a prank as you case but he does not establish the other four elements and therefore does not cure his burden on your very well established process and i'm frankly throughout the country including this court's decision brown versus cold stores which is a leak case we started our brief and there is no basis whatsoever on which to overturn the well reasoned decision judge sharp mr glegg who simply cannot satisfy his if you have any questions i'd be happy entertain them otherwise i will devote my time to the court thank you thank you counsel this you gave us use their save one minute for about ok the circumstances that occurred in my in my situation there was that currently all of the defendants that are named in here as defendants who are on the hiring team aren't even there anymore the only people left are the two brothers who actually were promoted to managers so i can even like try to try to even be a transit supervisor because i didn't do anything wrong they did not hire the person that was the that was that was the most qualified for the position and then i can prove it and if you look at the people that got hired actually two brothers got hired when it was a position for one transit supervisor one of which had an associates degree in criminal justice were the criminals and then the other one did voluntary research in marine biology i mean i i just cannot believe it so who wait seven months to hire someone like me i thought you know it was it was discriminatory because you would think that with my experience and knowing most of the people in the fleet that i would have made the biggest positive impact on this company to move forward but they keep falling apart they keep hiring people like this they keep doing this these types of practices and i am one person that just wanted to put my foot down on it to say that it is illegal and you can't do that in a private non for profit corporation