Detailed Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Q: associated with personal injury.” The Court further noted that, “Congress declined to recompense Title VII plaintiffs for anything beyond the wages properly due them.” Id., — U.S. at -, 112 S.Ct. at 1873-74 (emphasis added). Burke teaches that back pay awards under Title VII are properly considered restitutionary because they constitute the “wages properly due” to the plaintiff. In addition to the foregoing areas, the courts of appeals have authorized equitable back pay awards in a number of other cases. See, e.g., Bertot v. School Dist. No. 1, 613 F.2d 245, 250 (10th Cir.1979) (en banc) (equitable back pay remedy available in Pickering cases); McKinley v. City of Eloy, 705 F.2d 1110, 1116 n. 3 (9th Cir. 1983) (same); Cline v. Roadway Express, Inc., 689 F.2d 481, 488-90 (4th Cir.1982) (<HOLDING>); Dickerson v. Deluxe Check Printers, Inc., 703 
 Holding statements: (A) holding that claims arising under the age discrimination in employment act may be subject to arbitration (B) holding that the age discrimination in employment act was not preempted by the nlra (C) holding that an award of back pay is an issue for the court (D) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable (E) recognizing equitable nature of back pay award under age discrimination in employment act
A:
(E)