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. 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.
question:
375 N.E.2d 1192 (1978). Two of Gunther's theories are easily eliminated. First, a plaintiff is a member of a protected class if she asserts "a claim based on sex discrimination as a pregnant woman." White v. University of Mass., 410 Mass. 553, 557, 574 N.E.2d 356 (1991). There is no allegation that Gunther's termination was motivated by animus toward her pregnancy because at the time of her discharge she was not pregnant and had been working for over eight months in a managerial position with equivalent salary. Second, to the extent that Gunther is claiming she was discriminated against as a single mother, she can not prevail. Parenthood is not listed as a protected class in the statute. See G.L. c. 151B, 4; cf. Upton v. JWP Businessland, 425 Mass. 756, 758-59, 682 N.E.2d 1357 (1997) (<HOLDING>). With respect to the claim of pure gender
Holding statements: (A) recognizing tort of wrongful discharge in violation of public policy (B) recognizing public policy exception to atwill doctrine (C) holding that it was not a violation of public policy for the defendant to discharge the plaintiff an atwill employee because she was a single mother unwilling to work newly imposed long hours (D) holding that an employee could maintain a claim for constructive discharge in violation of virginias public policy exception to the employment atwill doctrine (E) holding that an atwill employee may not recover for discriminatory discharge under section 1981 because the atwill relationship was not sufficiently contractual under tennessee law
answer:
recognizing tort of wrongful discharge in violation of public policy

question:
act, 1976 PA 267, MCL 15.261 to 15.275. (3) If the board arbitrarily and capriciously violates section 7(9), the board shall he subject to the penalties prescribed in the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. B If "a statute gives new rights and prescribes new remedies, such remedies must be strictly pursued; and a party seeking a remedy under the act is confined to the remedy conferred thereby and to that only." Monroe Beverage Co, Inc v Stroh Brewery Co, 454 Mich 41, 45; 559 NW2d 297 (1997) (quotation marks and citation omitted). However, "[w]hen a statute provides a remedy for enforcement of a common-law right, the statutory scheme is merely cumulative and not exclusive." Morris Pumps v Centerline Piping, Inc, 273 Mich App 187, 201; 729 NW2d 898 (2006) (<HOLDING>). At common law there has always been a remedy
Holding statements: (A) holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration (B) holding that the plaintiffs claims for unjust enrichment were not barred by the availability of relief under the public works bonding act mcl 129201 et seq because a plaintiff enjoyed the right at common law to recover in quantum meruit from a defendant who had been unjustly enriched (C) recognizing that action for quantum meruit relief exists to avoid unjust enrichment (D) holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement (E) holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed
answer:
holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration

question:
Cir.1996). And, despite Shorter's contention to the contrary, the fact that the weapons were not in plain view does not preclude a finding of constructive possession. The apartment was not so large, and the weapons were not so well hidden, as to prohibit a reasonable fact finder from concluding that Shorter was aware of their presence. Cf. Kitchen, 57 F.3d at 519-21 (affirming conviction for constructive possession of firearm found in dresser drawer when evidence indicated that defendant had access to bedroom where dresser was located). This is particularly so in view of the fact that ammunition for one of the firearms was found in plain view in the apartment, and a holster was found in the closet of the bedroom where Shorter's personal papers were located. Cf. Surratt, 172 F.3d at 564 (<HOLDING>). IV. Finally, Shorter argues that the district
Holding statements: (A) holding that a second state court conviction for simple possession of narcotics is an aggravated felony as defined in 8 usc 1101a43 (B) holding that a spouses joint occupancy of a home where drug paraphernalia was found was insufficient to establish the spouses constructive possession (C) recognizing that firearms are regularly found on narcotics traffickers (D) holding in part that defendant charged with unlawful possession of heroin marihuana and narcotics implements was eligible for a conditional discharge (E) holding that evidence supported finding of constructive possession of concealed narcotics in part because narcotics paraphernalia was found in residence
answer:
holding that a second state court conviction for simple possession of narcotics is an aggravated felony as defined in 8 usc 1101a43