In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: the harassment,” Murray, 57 F.3d at 250. As the Second Circuit has recognized, “not every response to a complaint should take the form of discharge;” even a mere written warning can be an appropriate response if it conveys the message that further harassment will not be tolerated. Kotcher, 957 F.2d at 63; see also Torres, 116 F.3d at 639 (“[R]esolution will vary from case to case.”). By far the best evidence that Metro-North’s response was effective is that plaintiff has not been sexually harassed by Chapman or any other Metro-North employee since meeting with Ms. Gormley-O’Connor, see Wahlstrom Dep. at 30, 248, nor has Chapman been accused of accosting any other employees since returning from his suspension, see Chapman Dep. at 64, 279; Sinigiani Dep. at 49; cf. Murray, 57 F.3d at 251 (<HOLDING>). Therefore, while factual issues exist as to 
 Holding statements: (A) holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination (B) holding that where the plaintiffs allegations concerning a hostile work environment consist of facts that occurred more than one year before the filing of the complaint such a claim is timebarred (C) holding that allegations of failure to remedy a hostile work environment provided no basis for relief where the evidence demonstrated that the harassment had ended by the time plaintiffs complaint was filed (D) holding that the allegations of plaintiffs coemployees of sexual harassment by manager were irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of the alleged harassment (E) holding that a charge that alleged discrimination on the basis of sex did not support a complaint for hostile environment sexual harassment

Answer: holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination


Question: 45 U.S.C. § 56, and 46 U.S.C. § 30106, are essentially identical, stating that the action must be “commenced” or “brought” within the three year period. The Supreme Court in Burnett specifically found that the state court suit had been properly “commenced” although it was filed in an improper venue. 380 U.S. at 426, 85 S.Ct. at 1053. Furthermore, because the principle of uniformity that drove the Burnett decision applies with equal force to a general maritime action, other courts have correctly held that Burnett applies in general maritime cases. See, e.g., Prejean, 721 So.2d at 1276 (citing 1 Martin J. Norris, The Law of Maritime Personal Injuries § 5:10 (4th ed.1990)); Davis, 659 F.Supp. at 156-157; People of the Living God v. Star Towing Co., 289 F.Supp. 635, 639 (E.D.La.1968) (<HOLDING>). Defendant’s second argument for distinction 
 Holding statements: (A) holding that feres doctrine is equally applicable to family member claims derivative of a service members injuries (B) holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions (C) holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction (D) holding that burnett and its justification of uniformity is equally applicable to admiralty actions (E) holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9h designation to trigger admiralty procedures

Answer: holding that feres doctrine is equally applicable to family member claims derivative of a service members injuries


Question: prosecutorial statements indicated racial motivation (Batson, 476 U.S. at 97, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723); whether the level of black representation on the venire as compared to the jury indicated racial discrimination (Mahaffey, 128 Ill. 2d at 413); or whether the crimes with which defendant was charged were interracial (Evans, 125 Ill. 2d at 66). While the trial judge’s experience with local prosecutors and knowledge of local conditions are relevant factors in a prima facie case analysis, this court has never intimated that such considerations are dispositive of this issue. We find that the trial judge erred in failing to con sider all of the relevant factors in determining whether a prima facie case had been established. See People v. Holman (1989), 132 Ill. 2d 128, 173 (<HOLDING>). We thus conclude that the trial judge’s 
 Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (C) holding district court did not abuse discretion in ruling moving party failed to make prima facie case to modify custody (D) holding that the trial judge erred in not considering factors other than the number of black venirepersons excluded in ruling on the defendants prima facie case (E) holding that a prima facie case is subject to independent review

Answer:
holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence