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.

Example Input: case commences from the time the discriminatory conduct causes economic injury and ends upon the date of the judgment. In other words, back pay accrues from the date of the commencement of the discriminatory course of conduct causing financial loss until the date damages are "settled." Palasota, 499 F.3d at 483 (internal citations omitted); see also Quint v. A.E. Staley Mfg. Co., 172 F.3d 1, 15 (1st Cir.1999) ("A prevailing ADA claimant is presumptively entitled to all back pay which would have accrued from the termination date to the entry of judgment, provided it is made to appear that reasonable diligence was exercised in the effort to secure other suitable employment." (internal quotations and citations omitted)); Sellers v. Delgado College, 781 F.2d 503, 505 (5th Cir.1986) (<HOLDING>). Back pay may be denied "only for reasons
Holding statements: (A) holding that an award of back pay under title vii remains an equitable remedy to be awarded by the district court in its discretion (B) holding that it was not an abuse of discretion to require a defendant to pay all back taxes (C) holding that back pay may be awarded to the date of judgment (D) holding that an award of back pay is an issue for the court (E) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable
Example Output: (C)

Example Input: Athletic Ass'n, 980 F.2d 382, 386-87 (6th Cir.1992). The district court below also acknowledged this interest as a substantial one. TSSAA's other two justifications, however, are very much in dispute. Brentwood, for example, argues that there is no support in the record for the proposition that student athletes need protection from exploitation. The district court agreed. It concluded that TSSAA offered no proof that exerting undue influence on middle school athletes to recruit them for athletic purposes actually harms those students. Proof of actual harm, however, is not required in order to recognize a state actor's interest in preventing reasonably anticipated harm. See Watchtower Bible & Tract Soc'y of N.Y., Inc. v. Village of Stratton, Ohio, 240 F.3d 553, 565-66 (6th Cir.2001) (<HOLDING>). Finally, TSSAA's newly asserted interest in a
Holding statements: (A) holding that the village could regulate doortodoor solicitation based on a fear of an anticipated harm without proof of actual harm (B) holding that likelihood of irreparable harm must be based on evidence in the record not unsupported and conclusory statements regarding harm the plaintiff might suffer (C) recognizing 1951 includes fear of economic harm (D) holding that because persecution cannot be based on a fear of psychological harm alone petitioner was ineligible for withholding of removal based on the psychological harm she would suffer if her us citizen daughter were to undergo fgm (E) holding that an essential element of a claim of legal malpractice pursued under either a contract or trespass theory is proof of actual loss rather than breach of a professional duty causing only nominal damages speculative harm or the threat of future harm
Example Output: (A)

Example Input: the ADEA prohibit employers from discriminating with respect to "terms, conditions, or privileges of employment." 42 U.S.C. 2000e-2(a)(l), 29 U.S.C. 623(a)(1). "[A] materially adverse change in the terms and conditions of employment" is considered an adverse employment action. Torres v. Pisano, 116 F.3d 625, 640 (2d Cir.1997) (internal quotes omitted); see also, de la Cruz v. N.Y. City Human Res. Admin. Dep't of Soc. Serv., 82 F.3d 16, 21 (2d Cir.1996). An action "injurious to current employment or the ability to secure future employment" is an adverse employment action. Wanamaker v. Columbian Rope Co., 108 F.3d 462, 466 (2d Cir.1997). The Second Circuit has held that a downgrade in evaluation is an adverse employment action. See Morris v. Lindau, 196 F.3d 102, 110 (2d Cir.1999) (<HOLDING>); Dominic v. Consol. Edison Co. of N.Y., Inc.,
Holding statements: (A) holding that a negative performance evaluation on its own is insufficient to constitute an adverse employment action as a matter of law (B) holding that a negative criticism or performance evaluation unaccompanied by a materially adverse change in the terms or conditions of employment does not constitute adverse employment action (C) recognizing retaliation involving promotion as adverse employment actions under the first amendment (D) holding in the context of a first amendment retaliation claim that adverse employment actions may include negative evaluation letters (E) holding that lesser actions than discharge refusal to hire refusal to promote demotion reduction in pay and reprimand may also be considered adverse employment actions in the first amendment retaliation context
Example Output:
(D)