With no explanation, chose the best option from "A", "B", "C" or "D". before he filed his EEOC complaint, and Count I is dismissed as time-barred. B. Title III of the ADA Claims Defendants move to dismiss Counts II and III, both of which allege ADA Title III violations. Count II alleges that Prudential discriminated against Wilson based on his mental disability by maintaining a long-term disability policy that treats mental and physical disabilities differently. Count III states that Prudential violated Title III by refusing to pay Wilson’s rehabilitation expenses based on the Plan’s mbntal-disability limit. Defendants’ motions to dismiss both counts turn on an issue not yet decided by the First Circuit: whether the ADA requires a private employer-sponsored disability plan to provide equal benefits for mental and physical disabili 4, 148-58 (2d Cir.2000) (<HOLDING>); Kimber v. Thiokol Corp., 196 F.3d 1092,

A: recognizing that a finding of actual physical control does not require that car actually is moving
B: holding ada does not require parity between mental and physical disabilities
C: holding that the virginia disabilities act constitutes the most analogous state statute of limitations for claims brought under the ada
D: holding  504 of the rehabilitation act does not require equivalent benefits for different disabilities
B.