basis of national origin and gender under title seven and state law in discrimination on the basis of age under the state law the district court committed three reversible errors in dismissing her claims it dismissed it committed reversible error when it held that she cannot establish replacement that she could not establish an adverse action with respect to her terminations in that she did not present direct evidence of national origin discrimination  with respect to circumstantial evidence and proving a case that way mr ellis presented evidence that she met the three protected classes she was american born female and over forty  presented evidence that she would was qualified for her position she presented evidence that she suffered two adverse actions one that she was terminated from her position in china and two that she was terminated china she was replaced by coke meaning tang who is singapore born in singapore or significantly younger and male and with respect to being terminated from eden corp shows that she was passed over with respect to position she applied for by persons outside of the protected class you know cover a couple of those mike roberts and dave bennett who are male and significantly younger now the court of the district court held that mr quest could not demonstrate an adverse action or replacement with respect to losing her position in china because  the letter that extended her expatriate assignment gave an end date for the assignment but the letter actually did not say that her employment would end on that date and in addition the court ignored all of the evidence that demonstrated that the dates on these letters extending into or setting forth the terms of an ex pat assignment do not in fact typically control the end date of the assignment there was testimony in the record by multiple individuals that in fact the typical process is when a person is going to repatriate from an pat assignment they find a position first then their position is back filled when you're looking for a position to repatriate to you can often turn down positions sometimes your ex pat position ends early sometimes it ends later sometimes it's extended and with respect to miss douglas's position what's important to note is that the two decision makers mr stro thi testified that there is a preference to hire local people to fill positions once those folks are ready to fill them they also testified that if the court were to assume that you meet and shown adverse action with respect to each of her claims seems to me the issue goes to her ability to demonstrate that the reasons that the employer presented were pretextual that they actually are covers for intentional discrimination because you're of why don't you address those in yes you're on here with the various options that were afforded departing from her position in china is that her assignment and that can't really is that disputed well it was contractual it is it would be disc it could be it's not disputed that it ended its disputed the reason why it ended ok that evidence a pretext we think the timing of the ending of her assignment is evidence of pretext given the circumstances around that time well and that there was testimony that there is a preference to hire local individuals they identified a person cooking tank who was ready to take that spot to that they sort of i mean that's not illegal it's got to be on some prohibited balances right we believe it's national origin discrimination with respect to against americans yes there were there was a preference to hire locals in that country in a foreign country but that expressed preference and i think a significant point here is mr douglass was employed in this foreign country for four years she was comfortable with the culture she was comfortable with her surroundings and so if that's not hiring a local then what is meant by we want somebody local somebody who's been who was born somebody who's lived there longer in and we think that that's at least circumstantial evidence we argued at the district court level that it was direct evidence of national origin discrimination but we think it's at least circumstantial evidence that this preference to hire local certainly was significantly younger and male in terms of demonstrating a pretext with mr douglas losing her position with eaton there are a number of positions that she applied for and did not receive and there's actually a chart that we were sieved and it is i guess the most significant to me to have an explanation from you about is the the position she was offered in demonstrate that the real reason the company didn't retain her was that she was too old right with respect to that position she did decide not to move forward and that is true your honor however there is evidence in the record that when people are ex pats in their repatriating they also have turned down positions when they thought there were multiple positions available now with respect to the other position she sought there was one position for example a plant manager position in raleigh north carolina and she interviewed for that and was told we are looking for somebody with long term potential who can replace meet the person who is currently in the job and the person who was then hired for that job was mike roberts who is thirteen years younger and male and we believe that circumstantial evidence of their age was the reason she did not receive that position if you look at the chart in the record i five out of eight are significantly younger but again with respect to the position that might roberts got the plant manager position she was specifically told that we are that that the quality she was lacking is we're looking for somebody with a long term potential company recruited her and chose to finding a spot for her just one great lower to knowing her age and knowing her gender she she she still maintains that this company is help bent on keeping her from being reemploy wellmost mr starr weiss did not make the decision to not give her that position it is true that mr did make her aware of some positions that were available and early on in the process which is fairly typical for an ex pat and she's looking at potential options some of them she wasn't as interested in because they looked like motions to her they were a lower salary band and that is true that became less true later on in the process when she realized i don't have as many options as i thought and then that is when she was told with respect as plant manager position you're not going to get it because you can't make a long term commitment even though she said i can make a long term commitment and i do want to get back to your honor there is evidence in the record again as to the typical process for repatriating that the person is able to look for and find a job before their position is back filled and that is on page id eight hundred sixty one day eight hundred sixty two the testimony of mark thompson there are similar testimony from kevin mclean page id six eighty and there is testimony relative to i would say the the fact that these ex pat positions can be shorter or longer what have you then what's on the letter that sets forth the terms all depending on if they find a position that makes sense to move to and if they can back till the position in this case she was really pushed out early because of the preference to hire a local based on his national origin i think my time is up for the first session your honor  assignment policy which clearly puts the onus on the employee find a position on the policy for warns anybody who want to nix pattered assignment that it's their job to continue to monitor what opportunities may be available to them upon their return news douglas in this case is try to put the onus on eden to find her a job not only to find her a job upon her repatriation but to find her a job that  actually met her criteria of satisfaction their record is devoid of any objections by miss douglas to her expatriate assignment ending when it when it did she was no stranger to expatriate assignments she had successfully completed an expatriate assignment when she was over the age of forty when she went to canada in her forty's and was there for four years and says successfully repatriated to  pittsburgh when she went to china in two thousand and six it's hard for me to understand councils argument about preferring local schools we granted this expatriate assignment in china  to miss douglas in two thousand and six for an initial term of three years that term was mutually extended for another year with the understanding that there is an end date for these expatriate assignments and there was going to be in this case yes it was only after miss douglas indicated in the fall of zero nine that she was willing to return to the united states in two thousand and ten that the making was a den of fide someone who would fulfill that function once she was gone and it's also in the record e mails from miss douglas reassuring the company that she has taught mr manning everything she knows and that she's ready to  return as she did with respect to the pretext or even i don't think there's any evidence of asian discrimination in this case miss douglas was fairly treated for a long period of time given many promotions she was  salary band fourteen and i think it's important to note the salary bands there's not a whole lot of difference between a salary been fourteen and a salary band thirteen for example roughly they were on a salary been fourteen for example runs from one hundred forty thousand dollars base salary up to about two forty the salary band thirty runs from one hundred thirty thousand up to about two thirty so there's about a ninety percent overlap between those positions and it's not unusual to have someone who is at a higher level of a salary band thirteen making more money than someone who is in the what were actual odds of salary been forty so the job opportunity that mr stern voice made available to miss douglas was a directly comparable job a job that was as complex as the job she had china of the same amount of sales if not more multiple countries very sophisticated job she was grandfathered in the same salary for two years and she rejected that as she had the right to do she indicated in her deposition that she was only interested in repatriating to a job the she described different exciting in challenging now ultimately at some point in her job looking process she actually retained a headhunter and sent an email to resume reviser saying i think i might do better on the outside so i'm not too worried about it getting a after they departed for me for all these reasons we think that the the record is clear that there's no evidence of pretext and that the company did have a legitimate reason for u ltimately transitioning own ms douglas no longer with the company because of her inability to find a position for all those reasons we think the court was correct in finding that there was no reasonable basis that no reasonable minded juror could find evidence of discrimination under the circumstances so the panel has any questions happy to answer of locals is only when they have identified a local who's ready to take a position that's when that comes into play and again our position is the way this happened the way origin discrimination and again mr heriot alluded to the allegation that mr of le said she was ready to return i think a fair reading of her testimony is that after having been there for four years she certainly interested in in a new opportunity but that she never said she wanted to leave china and this is what her testimony is she never said she wanted to leave china and till there was an opportunity that she could go to that made sense and that was her understanding of how this typically worked in terms of repatriating and that was based on what she'd done in the past what she had seen with other people repatriating from expand assignments and there's other testimony in the record that that is typically put the process yes so i think they're saying that there was testimony that other younger male ex pats  or unable to find assignments upon repatriating that there were others who were not able to find assignments yes yes your honor i will say that at any given time even has one hundred or more people on pat assignments and they have put in front of a corps a couple of male individuals who were not able to repatriate to a new job when they left their ex pat assignment can we say that that circumstances here she was forced out early because of the preference to hire a local candidate who they had identified as ready to take her spot in that when she got back we've put it we've produced evidence that she was specifically told that she was not want to get the raleigh plant manager job because she couldn't make a long term commitment and instead a significantly younger male got that position and so we we think we've demonstrated evidence that the reasons put forth by eaton that her job assignment ended and it's a simple as that based on that letter and that she couldn't find a position  we think we've shown that pretextual because of the fact that she was told that she couldn't find a spot that that she couldn't get the spot because she could make a long term commitment in the senate in the sequence of events with leaving the job in china