With no explanation, chose the best option from "A", "B", "C" or "D". with the Native American employment preference. D. Alaskan Native Corporation Liability Under The Americans With Disabilities Act 1. The Americans With Disabilities Act Under Title I of the ADA, all “covered entities” are prohibited from discriminating against an individual on the basis of a disability, ... in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. § 12112(a). A “covered entity” is defined as “an employer, employment agency, labor organization, or joint labor-management committee.” 42 U.S.C. § 12111(2); see also Carparts Distribution Center, Inc. v. Automotive Wholesaler’s Ass’n of New England, 37 F.3d 12, 18 (1st Cir.1994) (<HOLDING>). Like Title VII, Congress has exempted certain

A: holding that the inquiry into whether an employee was acting within the scope of his employment depends on the respondeat superior law of the state in which the tort occurred
B: holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage
C: recognizing that whether a consumer survey should be admitted depends among other things on whether the questions are leading or suggestive 
D: holding that whether an employer is within adas coverage depends a great deal  on circumstances
D.