Read the following excerpt from a US court opinion:
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the sound discretion of the trial judge.” Mangan, 575 F.2d at 45. The Bondholders argue that evidence regarding the hedging activities of Non-Consequential Damages Parties is not relevant as it does not shed light on the conduct of the Consequential Damages Parties and, ev ion v. Raroc, Inc., No. 99 Civ. 3078, 2000 WL 204537, at *2 (S.D.N.Y. Feb. 22, 2000) (citing, in the context of a labor case, 26 C.F.R. § 639.99(b)(2) for the proposition that an “employer must exercise such commercially reasonable business judgment as would a similarly situated employer in predicting the demands of its particular market”). Reasonableness cannot be judged solely by looking at the subjective actions of the Consequential Damages Parties. See Rost v. Pfizer, Inc., 248 F.R.D. 417, 419-20 (S.D.N.Y.2008) . Here, where “there is no clear, established
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What is the most suitable continuation to the opinion? Your options are:
A. holding that res judicata properly barred claims based on an employers decision to terminate an employee because the termination was not a fresh act of discrimination rather it was the same decision not to allow the employee to return to work that the employee had challenged previously
B. holding that an employer regards an employee as handicapped in his or her ability to work by find ing the employees impairment to foreclose generally the type of employment involved
C. holding that the one central question at a title vii trial is whether the employee produced sufficient evidence for a reasonable jury to find that  the employer intentionally discriminated against the employee on the basis of race color religion sex or national origin emphasis added
D. holding that beeause the actions an employee takes to find work themselves cannot be evidence of their own reasonableness looking solely at the employee plaintiffs efforts to find work would convert the mitigation test into a subjective one
E. holding that to find negligence jury need not find violation of federal motorcarrier regulation
Reply with [A, B, C, D, E] only.