Read the following excerpt from a US court opinion:
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(refusing to challenge the agency’s standards for determining which applicant is more qualified). Therefore, this argument also fails to rebut the defendant’s legitimate non-retaliatory reason. Finally, the plaintiff attempts to rebut the defendant’s non-retaliatory reason by arguing that it is insufficient on its face because the defendant caused her inability to work through the agency’s discriminatory practices. Compl. ¶ 13. The result of the plaintiffs hostile work environment is instructive on this point: if “the complained of conduct in this case does not rise to the level” of a hostile work environment, the plaintiffs argument fails to adequately rebut the defendant’s non-discriminatory reason. Peda v. Am. Home Prods. Corp., 214 F.Supp.2d 1007, 1020 (N.D.Iowa 2002) . Because the plaintiff could still succeed on
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the allegations of plaintiffs coemployees of sexual harassment by manager were irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of the alleged harassment
B. holding that the plaintiffs argument that the defendant caused plaintiffs inability to return to work cannot hold water because the socalled causation was insufficient to rise to the level of actionable harassment
C. holding that a defendants notice of prior harassment against victims other than the plaintiff can give rise to title ix liability so long as the defendant possessed enough knowledge of the harassment that it could reasonably have responded with remedial measures to address the kind of harassment upon which the plaintiffs legal claim is based
D. holding that a hostile work environment was sufficient to constitute constructive discharge because the harassment was expressed by the plaintiffs supervisor and the offending language was not only used in the plaintiffs presence but was directed at him
E. holding that counsels failure to advise the defendant of the collateral consequences of a guilty plea cannot rise to the level of constitutionally ineffective assistance
Reply with [A, B, C, D, E] only.