With no explanation, chose the best option from "A", "B", "C" or "D". “[t]he concept of negligence thus imposes a ‘minimum standard’ for employer liability—direct liability—under title VII, a standard that is supplemented by the agency-based standards for vicarious liability as articulated in Faragher and [Ellerth].” Id. (citation omitted); see also Debord v. Mercy Health Sys. of Kan., Inc., 737 F.3d 642, 650-53 (10th Cir. 2013) (analyzing employer liability for supervisor harassment under both negligence and vicarious liability standards); Dees v. Johnson Controls World Servs., Inc., 168 F.3d 417, 421 (11th Cir. 1999) (“[A]n employer can be held directly liable for a supervisor’s harassment when the employer either intended, or negligently permitted, the tortious conduct to occur.”); Wilson v. Tulsa Junior Coll., 164 F.3d 534, 540 n.4 (10th Cir. 1998) (<HOLDING>). HES cites no decision that holds a plaintiff

A: holding that the basis of liability is negligence and not injury
B: recognizing the continuing validity of negligence as a separate basis for employer liability in action in which employee alleged supervisor harassment
C: recognizing continuing validity of the butner decision
D: holding that ordinary negligence and gross negligence are not separate causes of action
B.