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.

(emphasis added) (quoting Havner, 953 S.W.2d at 720). 27 . Faust, 337 S.W.3d at 335 (emphasis added). 28 . Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 500 (Tex.1995). 29 . See Crump, 330 S.W.3d at 218. 30 . Synar v. Union Pac. R. Co., No. 12—99— 00428-CV, 2001 WL 1263573, at *6 (Tex.App.-Tyler Oct. 17, 2001, pet. denied) (not designated for publication). 31 . See id. 32 . See Tex.R. Evid. 803(18); Robinson, 923 S.W.2d at 556. 33 . C 545 (Tex.App.-Fort Worth, pet. denied) (op. on reh'g). 55 . See id. 56 . See Tex.R. Evid. 401; Nichols, 379 S.W.3d at 387-89. 57 . See Sw. Country Enters., Inc., 991 S.W.2d at 493-94; see also Tex.R.App. P. 33.1(a)(1)(B), 33.2; Tex.R. Evid. 103(a)(2). 58 . See Barraza v. Eureka Co., Inc., 25 S.W.3d 225, 232 (Tex.App.-El Paso 2000, pet. denied) (<HOLDING>). 59 . See Charter Oak Fire Ins. v. Perez, 446 
 Holding statements: (A) holding that the plaintiff had no legitimate expectation of privacy at a meeting with coworkers in which her termination was discussed (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that testimony of plaintiff and her coworkers regarding cause of her injury was pure conjecture (E) holding that plaintiffs allegations that her supervisor was a lesbian and that she made improper remarks to her including telling the plaintiff to invite her to lunch and making comments about plaintiffs coworkers private lives and sexual preferences   and on one occasion approaching the plaintiff from behind hugging her and whispering in her ear a request for a cookie from another table did not suffice to establish a hostile working environment
holding that the plaintiff had no legitimate expectation of privacy at a meeting with coworkers in which her termination was discussed

CURIAM: Michael Disch appeals his convictions for mailing threatening communication, in violation of 18 U.S.C. § 876(c), and making false statements to an FBI agent, in violation of 18 U.S.C. § 1001. Disch argues that the district court judge was required to recuse himself sua sponte under 28 U.S.C. § 455(a) and § 455(b). Ordinarily, we review a judge’s decision not to recuse himself under § 455(a) and § 455(b) for an abuse of discretion. United States v. Bailey, 175 F.3d 966, 968 (11th Cir.1999); see also Parker v. Connors Steel Co., 855 F.2d 1510, 1527-28 (11th Cir.1988) (<HOLDING>). However, when a defendant fails to seek 
 Holding statements: (A) holding that a confrontation clause violation constituted harmless error (B) holding that a  455b violation is subject to harmless error review (C) holding that violation of rule 16 in that case was not harmless error (D) holding that confrontation clause violations are subject to harmless error review (E) holding that the omission of an element is subject to harmless error analysis
holding that a confrontation clause violation constituted harmless error

with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2 (emphasis ours). 15 . See also Jackson v. Veterans Admin., 22 F.3d 277, 278-79 (11th Cir.1994) (an employee with numerous sporadic absences was not "otherwise qualified” under the Rehabilitation Act); Tyndall v. National Educ. Ctrs., 31 F.3d 209, 213 (4th Cir.1994) ("[A]n employee must be willing and able to demonstrate, [for the purposes of an ADA claim, the skills necessary to perform the job in question] by coming to work on a regular basis”); Carr v. Reno, 23 F.3d 525, 529 (D.C.Cir.1994) (<HOLDING>); Law v. United States Postal Serv., 852 F.2d 
 Holding statements: (A) holding that it is not an appellate courts function to make findings of fact (B) holding that imposition of punishment is a judicial function (C) holding that coming to work regularly is an essential function (D) holding that misrepresentation was essential to plaintiffs claim (E) holding it is not reasonable to require an employer to hire a helper to do overhead work for a miner who cannot perform this essential job function alone

holding that it is not an appellate courts function to make findings of fact