Read the following excerpt from a US court opinion:
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facility; (iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity.” 42 U.S.C. § 12111(10)(B). JC Penney challenges Bukta’s proposed accommodation, arguing that a part time schedule imposes an undue hardship on its business by eliminating the essential job requirement of attendance. Essential function means the fundamental duties of the position. 29 C.F.R. § 1630.2(n)(l). Attendance can be an essential job function. See Brenneman v. MedCentral Health System, 366 F.3d 412 (6th Cir.2004) ; Gantt v. Wilson Sporting Goods Co., 143 F.3d
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What is the most suitable continuation to the opinion? Your options are:
A. holding that attendance can be an essential function of a position and that excessive absenteeism rendered an employee unqualified for such a position
B. holding governments position unreasonable where government advanced no legal authority for its position and applicable principle of law was long settled
C. recognizing that an employers decision to eliminate a position is a legitimate nondiscriminatory reason for terminating a position or employee
D. holding that attendance is a minimum function of any job
E. holding attendance problem was a legitimate basis for an employers termination of an employee
Reply with [A, B, C, D, E] only.