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.

that on her return a company manager told Watson in a four-hour meeting in which she cried constantly that she was a poor and incompetent supervisor; that a manager transferred supervisory duties away from her and told her to go home; and that a personnel manager told her that she was considered a bitch and that she could either resign or be demoted to a position in which she would be supervised by her subordinate trainees. We believe that these facts, though covering a shorter period than that in Nolan, could constitute the necessary aggravating factors such that a trier of fact could (but not necessarily would) conclude that a reasonable person would find the conditions so intolerable and discriminatory as to justify resigning. See Ford v. Alfaro, 785 F.2d 835, 841-42 (9th Cir.1986) (<HOLDING>); Bailey v. Binyon, 583 F.Supp. 923, 924-25,
Holding statements: (A) holding claims based on the fair labor standards act subject to arbitration (B) holding in a fair labor standards act case that a constructive discharge occurred when an employee was physically threatened on one occasion harassed over the next two weeks and not given sufficient work instructions to perform his job (C) holding right to liquidated damages under fair labor standards act nonwaivable (D) holding that discriminatory pay reduction under fair labor standards act does not constitute continuing violation (E) holding that the otca limitations period applied to a claim alleging a breach of the fair labor standards act by the state
(B)

unpublished decisions, "[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim." Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether "there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation" in assessing whether the district court's abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir.
Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits
(E)

to the government, i.e., the king. That concept, through escheat statutes and conditions of early grants, persisted in colonial days. The Takings Clause was thus considered to be a liberalization of property rights adverse to the conservative interests of the preconstitutional colonial governments. The right to private property was then perceived to be one of the incidents, privileges and immunities constituting individual rights that should be free from governmental interference. Maryland was one of only three states that had a Takings Clause in its first constitution. Id. at 698, n. 15 (citing 3 F. Thorpe, The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies, N Rock, 237 U.S. 171, 35 S.Ct. 511, 59 L.Ed. 900 (1915) (<HOLDING>); Hadacheck v. Sebastian, 239 U.S. 394, 36
Holding statements: (A) holding that an ordinance passed for the health and comfort of the community that prohibited brickmaking in a designated area was a valid exercise of police power (B) holding general statutes 1466 a requiring licensing to engage in operating wrecker for purpose of towing valid exercise of police power (C) holding that limiting to two the number of dogs kept per residential unit was not an unreasonable exercise of police power (D) holding that violation of state law was not a per se constitutional violation (E) holding that the exercise of police power was valid where an owner was prohibited from operating a liveiy stable business that was not a nuisance per se
(E)