Select the FALSE statement concerning employment discrimination cases in Ch$.51$ of the textbook and recent discrimination cases discussed in class or Handbook.

A$.$

The Johnson v$.$ Fluor Corp case in Ch$.51$ finds that an employee cannot recover where an employer implements suitable institutional policies and educational programs regarding sexual harassment, and the employee who fails to take advantage of these policies and grievance process $.$

B$.$

An employer must allow for time off for relgious accommodation, unless it can show it would create an undue hardship, including substantial increased costs to the employer.

C$.$

The owner of a web design company cannot avoid creating content celebrating same$-$sex weddings $($because of equal protection of gay couples$),$ despite her First and $14$th Amendment freedom of speech and religion arguments.

D$.$

Verbal harassment by the employer, that does not involve sexual touching, can violate Civil Rights Act Title VII.

E$.$

Based on the Bostock case, a gay or lesbian individual who is discriminated against at work because of sexual orientation is entitled to Civil Rights Act Title VII protection against sex discrimination.