Read the following excerpt from a US court opinion:
```
Ciba. As a result, its employees’ positions were essentially unaltered because they performed the same work under the same conditions for almost all of the same supervisors. Therefore, there was substantial continuity between the Brown & Root and Brown-Eagle operations. Second, but for its discriminatory hiring practices, as found by the NLRB based on substantial evidence, Brown-Eagle applicants would have constituted a majority of the Brown & Root workforce in this department, which would have satisfied the second prong of the successorship doctrine. Because it cannot benefit from its unlawful practices, we must uphold the NLRB’s finding that Brown & Root was a successor employer and had a duty to bargain with the Union. In re Galloway, 321 NLRB 1422, 1425, 1996 WL 514510 (1996) . In addition, because of its discriminatory
```
What is the most suitable continuation to the opinion? Your options are:
A. recognizing that when an entity exercises sufficient control over employees it may be considered a joint employer
B. holding that a section 8a3 violation is sufficient to find that the new employer would have employed a sufficient number of predecessor employees to be a successor employer had it acted lawfully
C. recognizing that an employer is liable for an employees action if the employer knew or should have known about an employees acts of harassment and fails to take appropriate remedial action
D. holding that existence of deliberate and informed consent turns on whether it is understood between the employee and his employers that he is to remain in the allegiance of the first employer  or is to be employed in the business and subject to the direction of the temporary employer
E. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation
Reply with [A, B, C, D, E] only.