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.

Ex Input:
protected activity for purposes of the first element of a prima facie case and the second element is not disputed. "To establish a causal connection, a plaintiff must show that 'the decision-makers were aware of the protected conduct' and 'that the protected activity and the adverse employment action were not wholly unrelated.' " Gupta v. Fla. Bd. of Regents, 212 F.3d 571, 590 (11th Cir.2000) (internal citations omitted). "[A]t a mini mum, [a plaintiff] must show that the adverse act followed the protected conduct." Griffin v. GTE Fla., Inc., 182 F.3d 1279, 1284 (11th Cir.1999). In other words, the plaintiff must show a temporal link between a protected activity and an adverse employment action. See Sullivan v. Nat'l R.R. Passenger Corp., 170 F.3d 1056, 1060-61 (11th Cir.1999) (<HOLDING>); Griffin, 182 F.3d at 1281-82 (finding no
Holding statements: (A) holding causal link between alleged discriminatory remarks and adverse employment action insufficient (B) holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action (C) holding that an intervening act of misconduct by the plaintiff can break the causal link between the protected conduct and the adverse employment action (D) holding that no causal link existed between protected activity in february 1994 and adverse employment actions in late 1994 and early 1995 (E) holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection

Ex Output:
holding causal link between alleged discriminatory remarks and adverse employment action insufficient

Ex Input:
F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino's testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a "preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue." Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This "gate-keeping" obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry,
Holding statements: (A) holding that dauberts basic gatekeeping obligation applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions

Ex Output:
holding that the admission of expert testimony was prejudicial where the testimony was pervasive

Ex Input:
procedures and requirements pertaining to nondiscriminatory employment practices." Brief Amicus Curiae of the Equal Employment Advisory Council In Support of the Appellee/Cross-Appellant at 2. The EEAC has on many occasions prior to this one participated in cases as amicus in several federal appellate courts, and in the Supreme Court, advocating the interests of employers on various issues. 9 . This issue has been considered by other courts of appeals as well. See, e.g., Talley v. United States Postal Serv., 720 F.2d 505 (8th Cir.1983) (deciding that disparate impact theory is inapplicable), cert. denied, 466 U.S. 952, 104 S.Ct. 2155, 80 L.Ed.2d 541 (1984); Pope v. City of Hickory, 679 F.2d 20 (4th Cir.1982) (same); cf. AFSCME v. State of Washington, 770 F.2d 1401, 1405 (9th Cir.1985) (<HOLDING>), reh'g denied, 813 F.2d 1034 (9th Cir.1987);
Holding statements: (A) holding that there is no disparate impact claim under the adea (B) holding that a plaintiff must demonstrate that it is the application of a specific or particular employment practice that has created the disparate impact under attack (C) holding that in title vii disparate impact case an employer may rebut prima facie case of disparate impact by demonstrating that the employment policy at issue is related to the employees job performance and justified by business necessity (D) holding that disparate impact analysis is inapplicable to suit challenging hiring practice that based employee compensation on market rates rather than comparable worth despite demonstrable disparate result and concluding that that analysis is confined to cases that challenge specific clearly delineated employment practice at a single point in the job selection process (E) holding that disparate impact analysis may be applied to subjective employment practices in employment discrimination actions

Ex Output:
holding that there is no disparate impact claim under the adea