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.
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Question: (Tex.2010) (orig. proceeding). Failure to exhaust administrative remedies creates a jurisdictional bar to proceeding with the claim. See City of Waco v. Lopez, 259 S.W.3d 147, 154 (Tex.2008) ("[Njoncompliance [with Chapter 21's administrative procedures] deprives courts of subject-matter, jurisdiction."); Smith v. Univ. of Tex. Sw. Med. Ctr. of Dallas, 101 S.W.3d 185, 188 (Tex.App.-Dallas 2003, no pet.). A would-be Chapter 21 claimant must first file an administrative complaint with the civil rights division of the Texas Workforce Commission. See Tex. Lab.Code Ann. 21.201(a) .(stating that an aggrieved person "may file a complaint with the commission"); id. 21.0015 (defining "commission" as "the Texas Workforce Commission civil rights division"); Schroeder, 813 S.W.2d at 486-88 (<HOLDING>). The complaint must be filed "not later than
Holding statements: (A) holding use of word may generally indicates permissive rather than mandatory intent (B) holding that a states use of the word shall is mandatory language (C) holding that exhaustion is mandatory and jurisdictional (D) holding that administrative exhaustion is mandatory despite legislatures use of the word may (E) recognizing that exhaustion is mandatory and jurisdictional

Answer: holding use of word may generally indicates permissive rather than mandatory intent

Question: law did not authorize the arresting officer to require Turbyne to take a breath test when the blood test was unavailable. Gillett, 629 P.2d at 619 n. 10. Nor do our decisions in Gillett and Riley construe the statute as allowing the police to compel a different test when extraordinary circumstances prevent administration of the driver-selected test. The good cause exception we established in those cases applies to excuse the judicial sanction of dismissal of the charges when the police are prevented in circumstances beyond their control from administering the driver-selected test. As Shinaut and Dike demonstrate, when a driver selected to take the chemical test not initially selected, he or she may have voluntarily consented to the search of his or her person. Shinaut, 940 P.2d at 384 (<HOLDING>). When the controlling facts are undisputed, as
Holding statements: (A) holding that teachers request for four months leave was not a reasonable accommodation (B) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (C) holding that a person must request a reasonable accommodation before he has been terminated he cannot wait until he is terminated and then months later request reinstatement and demand a reasonable accommodation (D) holding that erroneous accommodation of a citizens request by a police officer does not warrant the sanction of excluding evidence (E) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada

Answer: holding that teachers request for four months leave was not a reasonable accommodation

Question: exists, "it may provide one of the easier cases to establish both a prima facie case and a conclusive showing that wrongful discrimination has occurred." Powers v. Ohio, 499 U.S. 400, 416, 111 S.Ct. 1364, 1373-74, 113 L.Ed.2d 411 (1991). Logically, in cases where the challenging party is a member of a cognizable racial group or where race is an issue in the case, a discriminatory purpose in the exercise of strikes against veniremembers of that same race is more readily apparent. See id. Therefore, although racial identity between the challenger and the excused veniremember is not required to raise a Batson challenge, the absence of such an identity can certainly impact the strength of the challenger's prima facie case of racial discrimination. See id.; see also Bean, 816 S.W.2d at 119 (<HOLDING>). This impact is especially significant in
Holding statements: (A) holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 (B) holding that the employers discharge of the plaintiff four months after the plaintiff filed a discrimination claim is insufficient to establish a prima facie case of retaliatory discharge (C) holding that a prima facie case is subject to independent review (D) holding that a plaintiff had not established a prima facie case of race discrimination because she failed to show valid comparators and presented no other circumstantial evidence of discrimination (E) holding that where defendant was not african american and established only that the state exercised four out of ten peremptories to strike african american veniremembers a prima facie case of racial discrimination had not been made

Answer:
holding to establish a prima facie case of racial discrimination a plaintiff must show he 1