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.

strengthen, not displace, any existing remedies employees may. have at law.” Id. It is clear from these excerpts that the STAA was not enacted to completely preempt state law remedies for retaliation against an employee who refuses to violate safety provisions. See Todd v. Frank’s Tong Service, Inc., 784 P.2d 47, 49-50 (Okla.1989) (noting that Congressional intent surrounding enactment of the STAA demonstrates that state law claims are not preempted); see also Parten v. Consolidated Freightways Corp., 923 F.2d 580, 583 (8th Cir.1991) (conclude ing that the Minnesota public policy statute was not an obstacle to the STAA and that Congress did not intend to occupy the entire field of interstate motor carriers); Whitworth v. TNT Bestway Transp., Inc., 914 F.Supp. 1434, 1436 (E.D.Tex.1996) (<HOLDING>); Dobberowsky v. Cryogenic Transp., Inc., 989 
 Holding statements: (A) holding texas exemption law was not preempted by erisa due to savings clause (B) holding that texas whistleblowers act was not preempted by the staa (C) holding a claim of a violation of the texas dtpa is preempted by the carmack amendment (D) holding that the age discrimination in employment act was not preempted by the nlra (E) holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law  not arizona law  should be applied
(B)

of the Licenses; revocation is made explicit in a filing before the bankruptcy court (which filing is not itself an order) and is implicit in the Public Notice announcing the re-auction of the Licenses previously held by NextWave. Nevertheless, as this Court's prior opinion makes clear, we think that the FCC action in question is unmistakably regulatory in nature. But even if the FCC’s acts do not amount to "decisions” or "orders” of the Commission, subject to the jurisdiction of the courts of appeals, that would not expose the FCC's acts to review in the bankruptcy court. A regulatory action short of a decision or order is an exercise of regulatory discretion that is not subject to review. See Bethesda-Chevy Chase Broadcasters, Inc. v. FCC, 385 F.2d 967, 968 (D.C.Cir.1967) (<HOLDING>); see also, e.g., Telecommunications Research & 
 Holding statements: (A) holding allegation made in enforcement suit does not impose the kind of legal obligation with which the finality doctrine is concerned (B) holding that obligation to pay pension benefits gave rise to a constructive trust relationship and obligation was not discharged in bankruptcy (C) holding that insurance obligation was primary to indemnity obligation (D) holding that a regulatory action that did not impose an obligation deny a right or fix a legal relationship was not reviewable (E) holding erroneous exclusion of hearsay did not deny defendant a substantial right
(D)

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

(C)