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.

Ex Input:
that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, 
 Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated

Ex Output:
(B)


Ex Input:
abuse of a minor, the trial court may apply the statutory presumption that Junior and Saul are at substantial risk of being sexually abused. And if the trial court again finds that Rowan sexually abused Agnes, it can conclude that Junior and Saul are at substantial risk of being sexually abused. v. CONCLUSION We REMAND this case to the trial court for proceedings consistent with this opinion. Jurisdiction is RETAINED. 1 . We use pseudonyms to protect the privacy of the parties. 2 . The record does not show that Rowan attempted to obtain the information any other way, such as by scheduling a deposition, before making his motion. 3 . AS 40.25.100-295. AST relied on AS 40.25.120(a)(2), records pertaining to juveniles, and (a)(6), law enforcement records. 4 . 533 P.2d 13, 16 (Alaska 1975) (<HOLDING>). 5 . Rhodes v. Erion, 189 P.3d 1051, 1053 
 Holding statements: (A) holding prison official is deliberately indifferent if he knew that prisoner faced a substantial risk of harm and disregarded that risk (B) holding that mere knowledge of a defect is not sufficient to amount to an eighth amendment claim defendant must also draw the inference that a substantial risk of serious harm exists (C) holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse  and such a mens rea demonstrate the offense was one relating to sexual abuse (D) holding that fathers sexual abuse of daughter demonstrated serious disregard of parental responsibilities and lack of social and moral values that posed substantial risk of harm to sons (E) holding that a party who can show a significant risk of irreparable harm has demonstrated that the harm is not speculative

Ex Output:
(D)


Ex Input:
for playing the tapes were legitimate and the tapes would eliminate the need for T.S. to testify a second time. Defense counsel responded: “Right.” 3 Rule 801(d)(1)(B) provides that a statement is not hearsay when the declarant testifies at trial, is subject to cross-examination concerning the statement, and the statement is “consistent with his testimony and is offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive.” 4 For this reason, we need not address defendant’s argument that the recorded statements were inadmissible under Rule 801(d)(1)(B). 5 Defendant does not claim that defense counsel did not have the power to waive his right to confront witnesses against him. See generally New York v. Hill, 528 U.S. 110, 114 (2000) (<HOLDING>). Many courts allow defense counsel to waive 
 Holding statements: (A) holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel (B) recognizing a general rule that presumes the availability of waiver of constitutional rights by counsel although certain fundamental rights require personal waiver by defendant (C) recognizing conditions of release may curtail certain fundamental rights (D) holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so (E) recognizing that courts will enforce waiver of appeal rights when waiver is knowing and voluntary

Ex Output:

(B)