Read the following excerpt from a US court opinion:
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this concept of perhaps somebody suggested mutual consent, to which he concurred. The court found plaintiff had something to gain from the novation in that [o]n the record the file became listed as a resignation. He had that to gain from and I don’t see that he had anything else, particularly, to gain from it. The facts presented lead us unequivocally to the conclusion that defendant Brown Boveri breached the employment contract. There is an emerging pattern of persuasive out-of-state case law supporting the propositions that Brown Boveri’s attempt to reclassify plaintiff to a lesser job status constructively discharged him in violation of his employment contract, see, e.g., Knee v. School District No. 139, In Canyon County, 106 Idaho 152, 153-55, 676 P.2d 727, 728-30 (Ct.App.1984) ; Sanders v. May Broadcasting Co., 214 Neb.
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that a constructive discharge claim and a hostile work environment claim are not equivalent because a constructive discharge claim imposes a higher standard
B. holding that a constructive discharge would constitute a tangible employment action and prevent the employer from utilizing the affirmative defense to vicarious employer liability for sexual harassment
C. holding that constructive discharge may qualify as a tangible employment action depriving employer of right to assert affirmative defense when a supervisors official act precipitates the constructive discharge
D. recognizing the principle that where sufficient words or actions by the employer would lead a prudent man to believe his tenure has been terminated a constructive discharge is present
E. holding defendants belief that his work was unfairly criticized is not sufficient for constructive discharge
Reply with [A, B, C, D, E] only.