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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: any evidence that Qualex’s action had any reason to perceive plaintiff as being disabled, any claim that the withdrawal of the offer of employment was motivated by such a perception is purely speculative. As such, plaintiffs claim that defendant Qualex violated the ADA by withdrawing its offer of employment fails as a matter of law. See Hoffman at 1 (“Unsupported speculation does not satisfy a party’s burden to produce some evidence in resisting a summary judgment motion.”). B. The Drug-free Workplace policy. Plaintiffs second claim is that the “Drug-free Workplace” policy maintained by defendant Qualex is a blanket exclusionary policy, leaving no allowance for the legal use of controlled substances. See Rowles v. Automated Production Systems, Inc., 92 F.Supp.2d 424, 430 (M.D.Pa.2000) (<HOLDING>). Plaintiff further argues that defendant 
 Holding statements: (A) holding that employers drug policy violated the ada to the extent that it prohibits the use of all legally prescribed controlled substances without a determination that such prohibition is jobrelated and consistent with business necessity (B) holding highest and best use is to be considered to the full extent that the prospect of demand for such use affects the market value (C) holding that the 60day rule under the wisconsin controlled substances act is mandatory and that failure to set the hearing within that period deprived the trial court of jurisdiction (D) holding that the ada exceeds the  5 power  at least to the extent it extends beyond remedies for irrational discrimination (E) recognizing that the sentence imposed should be consistent with the protection of the public
[A]: (A)


[Q]: all of the requested documents meet that definition however. That is an issue for the trial court to resolve when it reconsiders Gulfcoast’s objections. We next address the issue of the trial court’s failure to perform a balancing test or conduct an in camera review. “When a party asserts the need for protection against disclosure of a trade secret, the court must first determine whether, in fact, the disputed information is a trade secret [which] usually requires the court to conduct an in camera review.” Summitbridge Nat’l Invs. v. 1221 Palm Harbor, L.L.C., 67 So.3d 448, 449 (Fla. 2d DCA 2011) (citing Ameritrust Ins. v. O’Donnell Landscapes, 899 So.2d 1205, 1207 (Fla. 2d DCA 2005)); see also Westco, Inc. v. Scott Lewis’ Gardening & Trimming, 26 So.3d 620, 622 (Fla. 4th DCA 2009) (<HOLDING>). This court has previously held that internal 
 Holding statements: (A) holding that where a party claims a document is privileged and the trial court fails to conduct an in camera review or balancing test the trial court has departed from the essential requirements of the law (B) holding that the trial court properly added a party defendant to conform to the evidence presented at the trial (C) holding that the proper test for balancing national security interests with a persons due process rights is the mathews balancing test (D) recognizing that a party cannot complain on appeal that the trial court considered an issue that that party consented to submit to the trial court (E) holding that in eases where the state fails to disclose to the defendant prior to trial the substance of any oral statement allegedly made by the defendant then the state has committed a discovery violation and the trial court must conduct a richardson hearing upon learning of the possible violation
[A]: (A)


[Q]: handling, this issue is a matter of first impression for both the Texas Supreme Court and this court. Resolution of this issue, howev resolve all of the issues in an appeal based on briefing waiver. See TEX. R. APP. P. 44.3 ("A court of appeals must not affirm or reverse a judgment or dismiss an appeal for formal defects or irregularities in appellate procedure without allowing a reasonable time to correct or amend the defects or irregularities.”); Inpetco, Inc. v. Texas American Bank/Houston, N.A., 729 S.W.2d 300, 300 (Tex.1987) (per curiam) (stating that, under predecessor to Rule 44.3, a court of appeals cannot overrule all issues and affirm trial court’s judgment based only on briefing waiver); Elder v. Bro, 809 S.W.2d 799, 802 (Tex.App.-Houston [14th Dist.] 1991, writ denied) (<HOLDING>). For this reason, it is appropriate to reach 
 Holding statements: (A) holding that disputed issues of fact cannot be resolved based on affidavits and must be decided based on evidentiary hearings the only admissible procedure for resolving such issues (B) recognizing that appellate court may reverse trial courts judgment when it is based on an erroneous conclusion of law (C) holding that decision on waiver of affirmative defense normally is within district courts discretion (D) holding that a notice of appeal based on a dissent in the appellate division preserves for review only those issues on which the dissent was filed and certification must be sought separately as to all other issues (E) holding that appellate courts may overrule some of appellants issues based on briefing waiver but must not overrule all of them based on briefing waiver
[A]:
(E)