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.

Def.’s Mot., Ex. E, Gaskins’ Decl. ¶ 5. Although plaintiff said that he “heard the rumor about [the cubicle] being unsafe[,]” he contends that the cubicle was not in disrepair and was removed solely in retaliation for his EEO complaint. Def.’s Mot., Ex. A, Jones Dep. at 113, 115. However, plaintiff did not testify that he was unable to complete his work assignments; rather, he testified that the result of the cubicle being dismantled was that he “had no place to put none of [his] stuff[,]” which included “records and stuff[,]” although he testified that the cubicle was replaced with a desk, albeit a small one. Id. at 114-15. These facts do not support a finding of an adverse action sufficient to establish a prima facie case of retaliation. See, e.g., Brodetski, 141 F.Supp.2d at 45 (<HOLDING>) (citation omitted). III. Conclusion For the 
 Holding statements: (A) holding that the administrative transfer of a teacher which denied him the opportunity to teach his preferred subject could constitute an adverse employment action (B) holding that plaintiff s allegations that defendants denied him his right to choose a new workstation on two occasions do not constitute adverse employment actions even if they made plaintiff feel slighted or wrong (C) recognizing that employment actions can be adverse even if such actions are subsequently withdrawn (D) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false (E) recognizing that a set of actions may constitute an adverse employment action when considered collectively even though some actions do not rise to the level of an adverse employment action individually
(B)

waived his attorney-client privilege when his attorney failed to make timely objections to questions that it alleged sought privileged communications. This argument has no merit for two reasons. First, many of the questions Airdata asked did not seek confidential communications. Therefore, no objection was necessary to preserve the privilege. Second, Jenney’s current attorney did make timely objections to those questions actually seeking confidential communications. The fact that Jenney’s attorney had to interrupt him to make the objection is not sufficient to establish a waiver. Because the objections were made as soon as the confidential nature of the communication became apparent, Jenney did not waive the privilege. Cf. Gen. Motors Corp. v. McGee, 837 So.2d 1010 (Fla. 4th DCA 2002) (<HOLDING>); Abamar Hous. & Dev., Inc. v. Lisa Daly Lady 
 Holding statements: (A) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (B) holding that where an authorized disclosure is voluntarily made to a nonfederal party whether or not that disclosure is denominated confidential the government waives any claim that the information is exempt from disclosure under the deliberative process privilege (C) holding that disclosure orders adverse to the attorneyclient privilege do not qualify for immediate appeal under the collateral order doctrine (D) holding attorneyclient privilege protects disclosure of communications but does not protect client from disclosure of underlying facts (E) holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure  contained enough information to enable the government to pursue an investigation against the defendant
(A)

was told he needed to “go back to the jungle,” and Ku Klux Klan material was shown to an African-American employee on the internet. 446 F.Supp.2d 615, 627 (W.D.Va.2006). In granting summary judgment, the Court held that the acts of harassment plaintiff experienced were insufficiently frequent because he could only identify eight acts that took place over the course of twenty years. Id. Similarly, in Rose, this Court granted summary judgment for defendant because plaintiff could only identify two relatively non-severe racial insults that were nonthreatening, and that did not appear to adversely impact plaintiffs ability to do her job. 2006 WL 173690, at *4. The racial comments at issue in Orenge v. Veneman were similarly infrequent and non-threatening. 218 F.Supp.2d 758, 767 (D.Md.2002) (<HOLDING>). The Court finds that Plaintiff has alleged 
 Holding statements: (A) holding that a prima facie case of discrimination is not established merely by the number of peremptory strikes against blacks in cases where the percentage of blacks on the empaneled jury is higher than the percentage of the venire pool (B) holding that white female had standing under title vii to challenge her employees alleged racial discrimination against blacks (C) holding that the statement at your age i dont believe you could pass the test is not direct evidence of age discrimination (D) holding that blacks who were not subjected to racial discrimination had standing under title vii to sue over discrimination against other blacks (E) holding that repeated racial comments such as whites will never trust blacks again blacks are trying to get a free ride and you guys dont pull your weight did not rise to the level of severe or pervasive

(E)