instruction:
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.
question:
denial of the conversation with Fultz appears for the first time in the form of an affidavit, completed one day before her response to Lockheed's motion for summary judgment and four months after the deposition. In evaluating whether an employee has been disciplined or terminated "because of' a protected trait, we must "look at the facts as. they appear to the person making the decision." Kendrick, 220 F.3d at 1231; Bullington v. United Air Lines, Inc., 186 F.3d 1301, 1318 (10th Cir.1999) (noting that "[t]he relevant inquiry is not whether [the employer's] proffered reasons were wise, fair or correct, but whether [the employer] honestly believed those reasons and acted in good faith upon those beliefs."); see also McKnight v. Kimberly Clark Corp., 149 F.3d 1125, 1129 (10th Cir.1998) (<HOLDING>). Before issuing the reprimand, Dixon informed
Holding statements: (A) 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 (B) holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations (C) holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment (D) holding that a plaintiff failed to state a claim based on conclusory allegations that a locality failed to adequately supervise officers in the proper use of force where the complaint provided no factual allegations of known widespread conduct by the localitys employees comparable to that alleged as to the plaintiff (E) holding that evidence of other allegations of torture was inadmissible in part because it was not similar to the allegations made by defendant
answer:
(A)

question:
hostile work environment claims from the general Ricks rule because such claims " 'cannot be said to occur on any particular day,' and instead usually involve a pattern of acts that aren't 'actionable on [their] own' but give rise to a legal violation only when assessed in their totality." Almond, 665 F.3d at 1178 (quoting Morgan, 536 U.S. at 115-16, 122 S.Ct. 2061). Here, the Court does not construe Plaintiffs pleadings to allege a hostile work environment claim. Even construing Plaintiffs pleadings liberally, his generic assertions that Defendant Beilis treated him in a hostile manner toward the end of his employment and sent him hostile emails fall far short of asserting a claim for age-based hostile work environment. See Phillips v. Moore, 164 F.Supp.2d 1245, 1254 (D.Kan.2001) (<HOLDING>). Thus, despite Plaintiffs averment that
Holding statements: (A) holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments (B) holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims (C) holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it (D) recognizing a hostile work environment claim under section 1983 (E) holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive
answer:
(B)

question:
so restricted. Rather, ... the doctrine is an intensely practical one, grounded in the realities of litigation in our adversary system. One of those realities is that attorneys often must rely on the assistance of investigators and other agents in the compilation of materials in preparation for trial. It is therefore necessary that the doctrine protect materials prepared by agents for the attorney as well as those prepared by the attorney himself. Id. at 238-39, 95 S.Ct. 2170. Accordingly, federal courts have consistently ruled that the work product doctrine is not inapplicable merely because the material was prepared by or for a party's insurer or agents of the insurer. See Railroad Salvage of Conn. Inc. v. Japan Freight Consolidators (U.S.A.), Inc., 97 F.R.D. 37, 41 (E.D.N.Y.1983) (<HOLDING>), aff'd, 779 F.2d 38 (2d Cir.1985); Home Ins.
Holding statements: (A) holding that correspondence between defendant and its liability carriers was protected (B) holding that the prohibition of inmatetoinmate correspondence was not an unconstitutional infringement of prisoners first amendment rights (C) recognizing correspondence appeared to establish a settlement relationship between the parties given the letters presented an attempt to curb further litigation (D) recognizing first amendment and fourteenth amendment interests in inmate correspondence (E) holding that a sixmonth gap between the protected activity and the employees termination was insufficient to infer that the protected activity was a contributing factor
answer:
(A)