Kelbi Folkerson v. Circus Circus Enterprises, Inc., Dba Circus Circus Hotel & Casino

68 F.3d 480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kelbi FOLKERSON, Plaintiff-Appellant, v. CIRCUS CIRCUS ENTERPRISES, INC., dba Circus Circus Hotel & Casino, Defendant-Appellee. No. 93-17158. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1995. Decided Oct. 16, 1995. Before: SCHROEDER, NOONAN * , and TROTT, Circuit Judges. 1 MEMORANDUM** 2 Plaintiff Kelbi Folkerson filed a Title VII sex discrimination suit alleging retaliatory discharge for engaging in protected opposition to illegal sex discrimination. Folkerson appeals from a district court award of summary judgment to Circus Circus on the ground that Folkerson was an independent contractor. We conclude that genuine issues of material fact remain with respect to whether Circus Circus exercised a degree of control adequate to be considered an employer. A genuine issue of material fact also remains on the issue of whether Folkerson engaged in protected oppositional conduct.…