Read the following excerpt from a US court opinion:
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remarks does not depend on their offensiveness, but rather on their tendency to show that the decision-maker was motivated by assumptions or attitudes relating to the protected class.”). The individual who made each statement, i.e., Gold, is also the decision-maker with respect to the adverse employment acts. However, the other three factors suggest the statements are “stray comments” because, to varying degrees: their content is benign when considered in the context they were made; they are temporally remote from an adverse employment action; and/or they are unrelated to an employment decision or the decision making process. See id.; O’Connor v. Viacom Inc./Viacom Int’l Inc., No. 93 CIV. 2399 (LMM), 1996 WL 194299, at *5 (S.D.N.Y. Apr. 23), aff'd, 104 F.3d 356 (2d Cir. 1996) . However, in considering all of the statements
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the trial court correctly entered summary judgment in favor of defendant and denied plaintiffs motion for summary judgment where plaintiff failed to establish by clear and convincing evidence that defendant breached its duty to act in good faith
B. holding that absent a casual link between supervisors isolated racial remarks and employers decision to promote stray remarks cannot support a verdict for race discrimination
C. holding that comments which were considered by personnel board in normal course of considering employment action were relevant to establish discriminatory intent and were not just stray remarks
D. holding plaintiff failed to demonstrate pretext where employer allegedly referred to irish employees in derogatory terms and emphasizing that many courts have held that stray remarks in the workplace by themselves and without a demonstrated nexus to the complained of personnel actions will not defeat the employers motion for summary judgment
E. holding that the nonmoving party may not defeat a summary judgment motion by standing on the bare allegations in the pleadings
Reply with [A, B, C, D, E] only.