Folkerson

Appellant Kelbi Folkerson filed this lawsuit alleging that she was sexually harassed by a casino patron and fired in retaliation for rejecting that harassment by her employer, Appellee Circus Circus Casinos, Inc. (“Circus Circus”) in violation of Title VII. At the conclusion of discovery, the district court granted Appellee Circus Circus’s motion for summary judgment on the ground that Folk-erson was an independent contractor, not an employee, and therefore not protected by Title VIL Folkerson appealed that judgment to this court which reversed in a memorandum disposition. Folkerson v. Circus Circus Enterprises, Inc., No. 93-17158, 1995 WL 608432 . On remand, Circus Circus filed a second motion for summary judgment on the ground that Folkerson could not prove a prima facie case of retaliation. The district court granted summary judgment and we affirm.

I.

Kelbi Folkerson is a professional mime who performed in the guise of a life-size children’s wind-up toy named “Kelbi the Living Doll.” Folkerson was employed in that capacity by Circus Circus. Because Folker-son was so convincing in her character, casino patrons would often wonder whether or not she was a real person. Folkerson…