Detailed Instructions: 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.
Problem:with employer barred subsequent private action by employee against employer on same alleged acts of discrimination); EEOC v. Harris Chernin, Inc., 767 F.Supp. 919, 923 (N.D.Ill.1991) (applying res judicata principles to bar EEOC from pursuing ADEA claim for employee whose individual ADEA claim had previously been dismissed on statute of limitations grounds and discussing trend to loosen " 'the traditional and sometimes artificial limitations on the application of res judica-ta' " with regard to privity requirement) (citing Maguire v. Selcke, 1990 WL 70451 at *4, (N.D.Ill.1990) and quoting Diaz v. City of Chicago, 601 F.Supp. 1251, 1253 (N.D.Ill.1984)), aff'd in part, rev'd in part, 10 F.3d 1286 (7th Cir.1993); but cf. EEOC v. Baptist Mem'l Hosp., 615 F.Supp. 111, 115 (W.D.Mo.1984) (<HOLDING>). Acknowledging that "[wjhile the principle of
Holding statements: (A) holding that employee was not precluded from bringing separate employment discrimination action against employer where employee was not a party to consent decree entered into between eeoc and employer employee had rejected consent decree and had received no relief under decree (B) holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury (C) holding that notwithstanding fact that employer brought suit in its own name pursuant to ocga 349111 c only for the liquidated amount that had been paid to the employee in workers compensation benefits after employee failed to file his own tort action within one year of injury employee was not precluded from bringing his own separate action to recover for personal injuries and loss of consortium but noting that employee received notice of employers suit only after filing his own action suggesting that court in which employers action was pending had wrongly denied the employees motion to intervene to which motion employer had objected noting that if employee had not moved to intervene in other action employees separate action would have been barred by laches and holding that thirdparty tortfeasor could move for mandatory joinder of the employer in the employees action (D) holding that where employee gave notice to employer of injury and employer told employee that nothing could be done for him through workmans compensation employer had breached statute and was liable for medical treatment which was reasonable and necessary to restore employee to maximum usefulness (E) holding injured employee who asked his employer for medical assistance and employer refused and employee then went to physician of his own choice employee could recover medical benefits
Solution:
holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury