Read the following excerpt from a US court opinion:
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Rev. at 1404, the employer’s clear breach of the employment contract, the employer’s benefit in terms of enhanced chances of mitigation and the public’s interest in “the need for stability in labor relations,” Pierce, 84 N.J. at 66, plaintiff retains his cause of action for breach of contract. We are confident that in the modern employment context where there is a position-specific employment contract and an employee resigns after his employer without justification forces that employee to choose from among demotion, termination or resignation, it must be concluded that the employer remains subject to liability for that breach unless facts clearly demonstrate a fairly bargained release of the employer. See also cf. Goss v. Exxon Office Systems Co., 747 F.2A 885, 887-89 (3d Cir.1984) ; Annotation, “Circumstances in Title VII
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing doctrine of constructive discharge under federal civil rights act and national labor relations act where employer knowingly permits working conditions to become so intolerable that a reasonable person subject to them would resign
B. recognizing constructive discharge where employer rather than acting directly deliberately makes employees working conditions so intolerable that a reasonable employee would be forced into involuntary resignation
C. holding that the but for test applied in a mixed motive case under the national labor relations act
D. holding ports authority was not an employer subject to the jurisdiction of the national labor relations board
E. holding that a district court may have jurisdiction over action taken by the national labor relations board despite an express statutory finality provision when the agency has acted in excess of its delegated powers and contrary to a specific prohibition in the national labor relations act
Reply with [A, B, C, D, E] only.