Read the following excerpt from a US court opinion:
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for which evidence has been presented that satisfies this key element of a Title VII case. Plaintiff provides the Court with the agency’s response to his appeal of the reduction in force before the District of Columbia Office of Employee Appeals. Moreover, the portions of plaintiffs deposition that defendant submits contain plaintiffs testimony about the termination of his employment. Ex. 1 to Def.’s Mot. at 192, 194-96. Termination of employment clearly constitutes a materially adverse action. See Taylor v. Small, 350 F.3d 1286, 1293 (D.C.Cir.2003). 7. After receiving notice of the RIF and before his employment was terminated, plaintiff was escorted from his place of employment and put on administrative leave. PL’s Opp. at 26-27. Once again, plaintiff does not supply suffici D.C.2006) ; see also Boykin v. England, No. 02-950, 2003
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What is the most suitable continuation to the opinion? Your options are:
A. holding sevenday suspension was not materially adverse because although it was disciplinary in nature plaintiff was able to remain on the job and in pay status
B. recognizing that although federal precedent was not binding it was persuasive authority
C. holding that the plaintiff could bring an action for negligent misrepresentation although the plaintiff could not sue on the contract because the contract was void
D. holding an employee must be able to perform essential job functions at the time of termination
E. holding that the ada plaintiff was unable to perform essential functions of job when the plaintiffs psychotherapist had told the employer that the plaintiff was unable to work in any position when the plaintiff did not disagree with that point and when the plaintiff in response to a request for admission conceded that she was no longer able to work
Reply with [A, B, C, D, E] only.