Read the following excerpt from a US court opinion:
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open terms; (4) partial performance; and (5) the custom of such transactions.” Id. (citing Teachers Ins. and Annuity Ass’n of America, 670 F.Supp. at 499-503). 2 . In Jackson, the Supreme Court rejected the Board’s argument that Jackson could not state a claim for retaliation under Title IX because he is an "indirect victim,” i.e. the high school females at the Birmingham public schools were the actual victims. Jackson, 125 S.Ct. at 1507. The Court explained that "[t]he statute is broadly worded; it does not require that the victim of the retaliation must also be the victim of the discrimination that is the subject of the original complaint.” Id. The Court noted, however, that if the statute's wording tracked Title VII, then the Court would have accepted the Board's position. See id. . Retaliation under Title VII is made unlawful
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that 42 usc  2000e2a1 provides that it is unlawful for an employer to discriminate because of such individuals race color etc
B. holding that a state is not a person under 42 usc  1983
C. holding that the timely filing of an eeoc charge pursuant to  706 of title vii 42 usc  2000e5 did not toll the statute of limitations for an action brought on the same facts under 42 usc  1981
D. holding that public defenders do not act under color of state law and therefore are not subject to suit under 42 usc  1983
E. recognizing that title iii enforcement statute 42 usc  12188 which incorporates the remedies of 42 usc  2000a3a does not include money damages
Reply with [A, B, C, D, E] only.