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.

of the evidence. Hicks, 509 U.S. at 511, 113 S.Ct. at 2749. In interpreting Hicks, supra, the Second Circuit has stated definitively as follows: [Defendant] misreads the Supreme Court's statement in Hicks that once a defendant produces evidence of a legitimate, nondiscriminatory reason for his or her action, the plaintiff must then establish that the defendant's actions were intentionally discriminatory. [Defendant] takes this statement as requiring the plaintiff to adduce additional evidence after the defendant's production evidence beyond that presented in the plaintiffs prima facie case. Justice Scalia took pains to preclude such an interpretation of the Court's decision when he observed that, upon rejection of the defendant's proffered reasons for its action , 142 (2d Cir.1993) (<HOLDING>), cert. denied, U.S. -, 114 S.Ct. 1189, 127
Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that former employer met its burden of proof that ubc exception applied (C) holding that the burden of proof is on the claimant (D) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (E) recognizing that a plaintiffs burden in establishing a prima facie case is not onerous
holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence

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

applying Old 1-201(37) developed percentage tests to determine whether the option price contained in a purported lease is nominal ("Percentage Tests"). Percentage Tests compare: (1) the option price contained in the agreement with the original purchase price of the "leased" goods; (2) the option price with the total stream of rental payments made under the contract; and (3) the original cost of the "leased" goods with the total payment stream. See, e.g., Orix Credit Alliance, Inc. v. Pappas, 946 F.2d 1258, 1261-62 (7th Cir.1991) (stating that an option price that represents 12% of total rental payments, while not dispositive, indicates a secured sale rather than true lease); Fruehauf Corp. v. Int'l Plastics, Inc. (In re Int'l Plastics, Inc.), 18 B.R. 583, 587 (Bankr.D.Kan.1982) (<HOLDING>); Equilease Corp. v. AAA Mach. Co. (In re AAA
Holding statements: (A) holding that under an option requiring renewal at the expiration of the lease the lessee was required to exercise the option on or before the last day of the lease (B) holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach (C) holding that option amount that is 53 of cash sale price on the date agreement was executed reflected a true lease (D) holding that under an option requiring renewal at the expiration of the lease but providing no more specific time requirement the lessee had a reasonable time to exercise the option within the term of the lease (E) holding that the question of whether a bankruptcy trustee or a putative lessor was entitled to the proceeds of an equipment sale depended on whether a true lease was involved when the lease is intended as a security interest article 9 applies however a bona fide lease is not affected by article 9
holding that under an option requiring renewal at the expiration of the lease the lessee was required to exercise the option on or before the last day of the lease