73 Fair empl.prac.cas. (Bna) 219, 69 Empl. Prac. Dec. P 44,500, 97 Cal. Daily Op. Serv. 1231, 97 Daily Journal D.A.R. 1835 Kelbi Folkerson v. Circus Circus Enter., Inc., Dba Circus Circus Hotel & Casino, 107 F.3d 754 (9th Cir. 1997). · Go Syfert
73 Fair empl.prac.cas. (Bna) 219, 69 Empl. Prac. Dec. P 44,500, 97 Cal. Daily Op. Serv. 1231, 97 Daily Journal D.A.R. 1835 Kelbi Folkerson v. Circus Circus Enter., Inc., Dba Circus Circus Hotel & Casino, 107 F.3d 754 (9th Cir. 1997). Cases Citing This Book View Copy Cite
“n employer may be held liable for sexual harassment on the part of a private individual . . . ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct.”
121 citation events (94 in the last 25 years) across 31 distinct courts.
Strongest positive: Elvig v. Calvin Presbyterian (ca9, 2005-02-10)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
examined Cited as authority (quoted) Elvig v. Calvin Presbyterian
9th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
n employer may be held liable for sexual harassment on the part of a private individual . . . ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct.
examined Cited as authority (rule) Sophia O’Neill v. Trustees of the University of Pennsylvania (3×) also: Cited "see, e.g."
E.D. Pa. · 2025 · confidence medium
May 23, 2023) (“[A]lthough the Third Circuit has not addressed the question directly, it has applied the standard for hostile work environment to claims of student-on-teacher discrimination” (citing Smith , 802 F. App’x at 729). 97 See Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir. 1997) (“We now hold that an employer may be held liable for sexual harassment on the part of a private individual . . . where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct…
cited Cited as authority (rule) Honeycutt v. Penney OpCo LLC
D. Or. · 2024 · confidence medium
Folkerson, 107 F.3d at 756.
discussed Cited as authority (rule) Bivens v. Zep, Inc
E.D. Mich. · 2024 · confidence medium
It re-assigned the customer to an internal sales team (that Bivens was not a part of) because Zep did not “want [Bivens] calling on a customer [she] fe[lt] uncomfortable with.” (Text Messages, ECF No. 21-2, PageID.161.) 5 See also Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 756 (9th Cir. 1997) (“We now hold that an employer may be held liable for sexual harassment on the part of a private individual, such as the casino patron, where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have kn…
discussed Cited as authority (rule) Taylor v. San Francisco Sheriff's Department
N.D. Cal. · 2024 · confidence medium
Additionally, if a non-employee is the harasser, the 10 plaintiff must show that the employer “either ratifies or acquiesces in the harassment by not taking 11 immediate and/or corrective actions when it knew or should have known of the conduct.” 12 Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 756 (9th Cir. 1997).
cited Cited as authority (rule) Eaton v. Montana Silversmiths
D. Mont. · 2021 · confidence medium
Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 755 (9th Cir. 1997).
discussed Cited as authority (rule) Bissett v. ALS GROUP USA, CORP
D. Nev. · 2020 · confidence medium
When claiming retaliation, a plaintiff must prove 25 “(1) that [they were] engaging in protected activity/opposition, (2) that [they] suffered an adverse 26 employment action, and (3) that there was a casual link between [their] activity and the 27 employment decision.” Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 756 (9th Cir. 1 but-for causation, e.g., merely showing that retaliation was a motivating factor for the adverse 2 employment action is insufficient.
discussed Cited as authority (rule) Aoyagi v. Straub Clinic & Hospital, Inc.
D. Haw. · 2015 · confidence medium
To succeed in a retaliation claim under any of these statutes, Plaintiff must demonstrate “(1) that she was engaging in protected activity/opposition, (2) that she suffered an adverse employment decision, and (3) that there was a causal link between her activity and the employment decision.” Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 755 (9th Cir.1997).
discussed Cited as authority (rule) Galvez v. Atronic Americas LLC
9th Cir. · 2007 · confidence medium
See Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 658 (9th Cir.2002) (describing elements of prima facie case of discrimination); Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 755 (9th Cir.1997) (describing elements of prima facie case of retaliation).
discussed Cited as authority (rule) Van Horn v. Specialized Support Services, Inc. (2×) also: Cited "see"
S.D. Iowa · 2003 · confidence medium
Although on the facts of the case the court found that Circus Circus was not liable for the harassing acts of its patron, 9 the court expressly held that an employer could be held liable for sexual harassment on the part of a private individual “where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the *1011 conduct.” Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 756 (9th Cir.1997) (citations omitted).
discussed Cited as authority (rule) Salazar v. Diversified Paratransit, Inc.
Cal. Ct. App. · 2003 · confidence medium
Code, §§ 452, subd. (c), 459.) [11] Cases applying 29 C.F.R. § 1604.11 (e) include: Crist v. Focus Homes, Inc. (8th Cir. 1997) 122 F.3d 1107 , 1108-1111 [operator of residential facility for developmentally disabled individuals may be held liable for failure to respond appropriately to sexual harassment of caregivers by a mentally incapacitated resident]; Folkerson v. Circus Circus Enterprises, Inc. (9th Cir. 1997) 107 F.3d 754, 756 [employer may be held liable for sexual harassment of employee by casino patron where employer ratifies or acquiesces in the conduct]; Lockard v. Pizza Hut, Inc…
cited Cited as authority (rule) Heller v. Columbia Edgewater Country Club
D. Or. · 2002 · confidence medium
Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 755 (9th Cir.1997).
discussed Cited as authority (rule) Bateman v. United States Postal Service
N.D. Cal. · 2001 · confidence medium
To establish a prima facie case of retaliation, plaintiff “must demonstrate (1) that [he] was engaged in protected activity/opposition, (2) that [he] suffered an adverse employment decision, and (3) that there was a causal connection between [his] activity and the employment decision.” See Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 755 (9th Cir.1997).
discussed Cited as authority (rule) Lockard v. Pizza Hut, Inc.
10th Cir. · 1998 · confidence medium
The Ninth Circuit held that “an employer may be held liable for sexual harassment on the part of a private individual, such as the casino patron, where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective action when it knew or should have known of the conduct.” Id. at 756.
discussed Cited as authority (rule) Stephanie J. QUINN, Plaintiff-Appellant, v. GREEN TREE CREDIT CORPORATION, Defendant-Appellee
2d Cir. · 1998 · signal: cf. · confidence medium
Cf. Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 756 (9th Cir.1997) (holding that “an employer may be held liable for sexual harassment on the part of a private individual, such as the casino patron, where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct”).
discussed Cited as authority (rule) Ligenza v. Genesis Health Ventures of Massachusetts, Inc.
D. Mass. · 1998 · confidence medium
Folkerson, 107 F.3d at 756 (employer liable if it fails to take corrective action against a patron involved in sexual misconduct against an employed); Powell v. Las Vegas Hilton Corp., 841 F.Supp. 1024, 1028 (D.Nev.1992) (same); Sparks, 792 F.Supp. at 735 (medical center may be hable for sexual misconduct of independent contractor).
cited Cited as authority (rule) Harold J. Rucker v. U.S. Postal Service Marvin T. Runyon, Jr., Postmaster General
9th Cir. · 1998 · confidence medium
Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 756 (9th Cir.1997).
examined Cited as authority (rule) Costilla v. State (4×) also: Cited "see, e.g."
Minn. Ct. App. · 1997 · confidence medium
Folkerson, 107 F.3d at 756 (employer may be liable for non-employee's harassment when employer "either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions").
cited Cited as authority (rule) Hashimoto v. Dalton
9th Cir. · 1997 · confidence medium
Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 755 (9th Cir.1997).
discussed Cited as authority (rule) Gwendolyn WARD, Appellant, v. the PROCTER & GAMBLE PAPER PRODUCTS COMPANY, Appellee
8th Cir. · 1997 · signal: cf. · confidence medium
Corp., 814 F.Supp. 17, 20 (D.Md.1993) (“[Plaintiffs] employer articulated a legitimate, nondiscriminatory reason ([Plaintiff’s assault on [fellow employee]) for terminating her.”); cf. Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 756 (9th Cir.1997) (upholding grant of summary judgment to employer where plaintiff hit a patron in the mouth); Kahn v. U.S. Secretary of Labor, 64 F.3d 271, 279 (7th Cir.1995) (“Moreover, communication made in the form of threats of violence or insubordination, during the course of otherwise protected activity, is removed from protection.”); …
cited Cited "see" Holly Perez v. UPS
9th Cir. · 2022 · signal: see · confidence high
See Folkerson v. 8 Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir. 1997); see also CAL.
discussed Cited "see" Cohen v. Arizona Board of Regents
D. Ariz. · 2022 · signal: see · confidence high
(Doc. 15 at 12); see Freitag v. Ayers, 468 F.3d 528 , 538 22 (9th Cir. 2006) (“[E]mployers are liable for harassing conduct by non-employees ‘where 23 the employer either ratifies or acquiesces in the harassment by not taking immediate and/or 24 corrective actions when it knew or should have known of the conduct.’” (quoting Folkerson 25 v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir. 1997))). 26 Mr. Wear, a prominent donor to ASU, was granted “nearly unrestricted access to 27 ASU athletics,” including sporting events, team practices, athletic facilities, and coaches’…
cited Cited "see" Speed v. WES Health System
E.D. Pa. · 2015 · signal: see · confidence high
See Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754 (9th Cir.1997).” Van Horn v. Specialized Support Servs., Inc., 241 F.Supp.2d 994, 1016 (S.D.Iowa 2003).
discussed Cited "see" American Legion Post 12 v. Susa, W.C./04-0461 (r.I.super. 2005)
Sup. Ct. R.I. · 2005 · signal: see · confidence high
See Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754 , 756 (9th Cir. 1997); Lockard v. Pizza Hut, Inc., 162 F.3d 1062 , 1074 (10th Cir. 1998) (employers may be held liable for customer harassment "if they `fail to remedy or prevent a hostile or offensive work environment of which management-level employees knew, or in the exercise of reasonable care should have known'") (quoting Hirschfeld v. New Mexico Corrections Dep't, 916 F.2d 572 , 577 (10th Cir. 1990)); see also Little v. Windermere Relocation, Inc., 301 F.3d 958 , 968 (9th Cir. 2001); Van Horn v. Specialized Adult Services, 24…
discussed Cited "see" Monica L. McDowell Elvig v. Calvin Presbyterian Church Will Ackles (2×)
9th Cir. · 2005 · signal: see · confidence high
See Folkerson v. Circus Circus Enters., 107 F.3d 754 , 756 (9th Cir.1997) (“[A]n employer may be held liable for sexual harassment on the part of a private individual ... [if it] ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the con duct.”); 29 C.F.R. § 1604.11 (e) (employer liability for sexual harassment by non-employees in the workplace).
discussed Cited "see" Fundukian v. United Blood Services (2×)
9th Cir. · 2001 · signal: see · confidence high
See Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 755 (9th Cir.1997).
cited Cited "see" Johnson v. Washington
9th Cir. · 2001 · signal: see · confidence high
See Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 755 (9th Cir.1997).
cited Cited "see" Chaboya v. American National Red Cross
D. Ariz. · 1999 · signal: see · confidence high
See Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 (9th Cir.1997). 20.
cited Cited "see" Rudy Castaneda v. Arizona Department of Economic Security, an Agency Donald Allen, in His Individual and Official Capacity
9th Cir. · 1998 · signal: see · confidence high
See Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754, 755 (9th Cir.1997).
cited Cited "see" Taylor v. ScottPolar Corp.
D. Ariz. · 1998 · signal: see · confidence high
See Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754 (9th Cir.1997).
cited Cited "see" Rodriguez-Hernandez v. Miranda-Velez
1st Cir. · 1998 · signal: see · confidence high
See Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir.1997).
discussed Cited "see" Ana Gonzalez v. Robert E. Rubin, Secretary of the Treasury
9th Cir. · 1997 · signal: see · confidence high
See Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 755 (9th Cir.1997) (requiring proof of adverse employment decision and causal link between activity and decision); Jordan v. Clark, 847 F.2d 1368, 1376-77 (9th Cir.1988). 1 5 AFFIRMED. * Robert.
cited Cited "see" Larcenia Taylor v. Bakersfield City School District Dave Hashim Alice Johnson
9th Cir. · 1997 · signal: see · confidence high
See Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 755-56 (9th Cir.1997) (stating elements to prove retaliation claim).
discussed Cited "see, e.g." Suarez v. Del Toro
S.D. Cal. · 2022 · signal: see also · confidence low
Id. (holding that while “an employer’s prompt corrective response can insulate an 7 employer from liability for an employee’s hostile work environment claim,” an employer’s 8 failure to intervene after learning of harassing conduct can create a hostile work 9 environment); see also Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th 10 Cir. 1997) (holding that “an employer may be held liable [] where the employer either 11 ratifies or acquiesces in the harassment by not taking immediate and/or corrective action 12 when it knew or should have known of the conduct”). …
discussed Cited "see, e.g." Vidal v. Safeway, Inc.
D. Or. · 2021 · signal: see also · confidence medium
The Ninth Circuit subsequently expanded on Silver, quoting from that case and then holding that an employer may be held liable under Title VII for the conduct of private individuals, such as customers, “where the employer either ratifies or acquiesces in the [conduct] by not taking immediate and/or corrective actions when it knew or should have known of the conduct.” Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir. 1997); see also Little v. Windermere Relocation, Inc., 301 F.3d 958, 968 (9th Cir. 2002) (“In this circuit, employers are liable for harassing conduct by…
discussed Cited "see, e.g." Fahnbulleh v. GFZ REALTY, LLC
D. Maryland · 2011 · signal: see, e.g. · confidence low
See generally Graves v. Cnty. of Dauphin, 98 F.Supp.2d 613, 620 (M.D.Pa.2000) (observing that "the emerging trend among federal courts is to permit a cause of action under Title VII against employers for the sexual harassment of employees by non-employees"); see, e.g., Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir.1997) ("[A]n employer may be held liable for sexual harassment on the part of a private individual, such as the casino patron, where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or …
discussed Cited "see, e.g." Carter v. Dept. of Veterans Affairs
Cal. · 2006 · signal: see also · confidence medium
(See, e.g., Reno v. Baird, supra, 18 Cal.4th at p. 659 , 76 Cal.Rptr.2d 499 , 957 P.2d 1333 ; see also Lockard v. Pizza Hut, Inc. (10th Cir.1998) 162 F.3d 1062, 1073-1074 [employer who condoned or tolerated creation of hostile work environment by customers held liable based on employer's control of the work conditions]; see also Folkerson v. Circus Circus Enterprises, Inc. (9th Cir.1997) 107 F.3d 754, 756 [employer liable for casino patron sexual harassment of employee].)
discussed Cited "see, e.g." Vernon v. State of California
Cal. Ct. App. · 2004 · signal: see also · confidence low
(Lambertsen v. Utah Dept. of Corrections (10th Cir. 1996) 79 F.3d 1024, 1028 ; see also Folkerson v. Circus Circus Enterprises, Inc. (9th Cir. 1997) 107 F.3d 754 , 756; Wilde v. County of Kandiyohi (8th Cir. 1994) 15 F.3d 103, 106 ; Frankel v. Bally, Inc. (2d Cir. 1993) 987 F.2d 86, 90 .) The common and prevailing principle espoused in all of the tests directs us to consider the “totality of circumstances” that reflect upon the nature of the work relationship of the parties, with emphasis upon the extent to which the defendant controls the plaintiff’s performance of employment duties.
discussed Cited "see, e.g." Anderson v. Pacific Maritime Ass'n
9th Cir. · 2003 · signal: see, e.g. · confidence low
To the contrary, we have held that “employers are liable for harassing conduct by non-employees “where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct.’ ” Little v. Windermere Relocation, Inc., 301 F.3d 958, 968 (9th Cir.2002) (quoting Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir.1997)); see, e.g., id. (holding that an employer may be liable for hostile work environment harassment when an employee is raped by a corporate client while on a business din…
discussed Cited "see, e.g." No. 00-35457
9th Cir. · 2003 · signal: see, e.g. · confidence low
To the contrary, we have held that "employers are liable for harassing conduct by non-employees `where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct.'" Little v. Windermere Relocation, Inc., 301 F.3d 958 , 968 (9th Cir.2002) (quoting Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir. 1997)); see, e.g., id. (holding that an employer may be liable for hostile work environment harassment when an employee is raped by a corporate client while on a business dinner out…
discussed Cited "see, e.g." Mauro v. Arpaio
9th Cir. · 1998 · signal: see, e.g. · confidence low
See, e.g., Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir.1997) (holding that employer may be liable for failing to prevent sexual harassment of employee by co-workers and by private individuals, such as business patrons).
discussed Cited "see, e.g." 98 Cal. Daily Op. Serv. 5253, 98 Daily Journal D.A.R. 7399, 98 Daily Journal D.A.R. 9486 Jonathan D. Mauro v. Joseph M. Arpaio, Sheriff Maricopa County, a Political Subdivision of the State of Arizona, Arizona Civil Liberties Union, Intervenor
9th Cir. · 1998 · signal: see, e.g. · confidence low
See, e.g., Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754 , 756 (9th Cir.1997) (holding that employer may be liable for failing to prevent sexual harassment of employee by co-workers and by private individuals, such as business patrons).
Retrieving the full opinion text from the archive…
73 Fair empl.prac.cas. (Bna) 219, 69 Empl. Prac. Dec. P 44,500, 97 Cal. Daily Op. Serv. 1231, 97 Daily Journal D.A.R. 1835 Kelbi Folkerson
v.
Circus Circus Enterprises, Inc., Dba Circus Circus Hotel & Casino
96-16035.
Court of Appeals for the Ninth Circuit.
Feb 21, 1997.
107 F.3d 754

107 F.3d 754

73 Fair Empl.Prac.Cas. (BNA) 219,
69 Empl. Prac. Dec. P 44,500,
97 Cal. Daily Op. Serv. 1231,
97 Daily Journal D.A.R. 1835
Kelbi FOLKERSON, Plaintiff-Appellant,
v.
CIRCUS CIRCUS ENTERPRISES, INC., dba Circus Circus Hotel &
Casino, Defendant-Appellee.

No. 96-16035.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted Feb. 13, 1997.
Decided Feb. 21, 1997.

Richard Segerblom, Las Vegas, Nevada, for plaintiff-appellant.

Cam Ferenbach, Lionel, Sawyer & Collins, Las Vegas, Nevada, for defendant-appellee.

Appeal from the United States District Court for the District of Nevada, Philip M. Pro, District Judge, Presiding. D.C. No. CV-92-01065-PMP/LRH.

Before: BRUNETTI, FERNANDEZ, and HAWKINS, Circuit Judges.

BRUNETTI, Circuit Judge:

[*~754]1

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 Folkerson was an independent contractor, not an employee, and therefore not protected by Title VII. 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.

2

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 Folkerson was so convincing in her character, casino patrons would often wonder whether or not she was a real person. Folkerson was concerned because some patrons would try to touch her to find out if she was human. When Folkerson discussed these concerns with her supervisor, she was told that she should call security whenever she experienced problems and was provided with a sign reading "Stop, Do Not Touch" which she wore on her back. Further, Circus Circus allowed another performer, a large man dressed in a clown costume, accompany Folkerson when she was performing. Folkerson ensured her protection further by enlisting the help of others at the casino who told her that they would call security if they saw that she was in trouble and would occasionally tell casino patrons not to touch Folkerson or other performers.

3

Despite these precautions, Folkerson was touched by a casino patron on November 20, 1991. According to Folkerson, a casino patron approached her and said to onlookers, "I will show you how real she really is." A woman working at a nearby car rental counter warned the patron three times not to touch the performer. Nonetheless, the patron moved toward Folkerson with open, extended arms, as though he planned to hug her. He touched her in the shoulder area, whereupon Folkerson reached up and hit the patron in the mouth. After Folkerson's supervisor reviewed a videotape of the incident, he terminated Folkerson's employment based upon his conclusion that Folkerson did not have adequate provocation to hit the patron. Folkerson alleged that she was terminated in retaliation for her opposition to and rejection of the casino patron's "sexual harassment" in violation of section 2000e-3a of Title VII. 42 U.S.C. § 2000e-3(a).

II.

4

Section 2000e-3(a) makes it unlawful for an employer "to discriminate against any of [its] employees ... because [the employee] has opposed any practice made an unlawful employment practice" by Title VII. 42 U.S.C. § 2000e-3(a). To succeed in a retaliation claim, Folkerson must demonstrate (1) that she was engaging in protected activity/opposition, (2) that she suffered an adverse employment decision, and (3) that there was a causal link between her activity and the employment decision. Trent v. Valley Electric Ass'n, Inc., 41 F.3d 524, 526 (9th Cir.1994). Because Folkerson cannot prove the first element of a prima facie case of retaliation, summary judgment against her was proper.

5

Folkerson argues that she engaged in protected opposition in rejecting the casino patron's sexual harassment. In order to prove that she engaged in protected opposition, "the opposition must be directed at an unlawful employment practice of an employer, not an act of discrimination by a private individual." Silver v. KCA, Inc., 586 F.2d 138, 141 (9th Cir.1978). Under certain circumstances, the discriminatory acts of persons other than the employer will be imputed to the employer constituting an unlawful employment practice of the employer. For example, we have previously held that an employer may be held liable for the discriminatory acts of its supervisors. EEOC v. Hacienda Hotel, 881 F.2d 1504, 1513-14, 1515-16 (9th Cir.1989). We have also held that employers may be liable for failing to prevent or remedy sexual harassment among co-workers of which management-level employees knew or in the exercise of reasonable care should have known. Ellison v. Brady, 924 F.2d 872, 881 (9th Cir.1991). We now hold that an employer may be held liable for sexual harassment on the part of a private individual, such as the casino patron, where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct. See Trent, 41 F.3d at 526 (where employer hires outside trainer to train its employees, a function often carried out by company supervisors, and outside trainer harasses employees, company may be liable under Title VII); Powell v. Las Vegas Hilton Corp., 841 F.Supp. 1024, 1028 (D.Nev.1992) (where employer egregiously mishandled employees repeated complaints about harassment from casino customers, employer either ratified or was complicitous in the harassment); 29 C.F.R. § 1604.11(e) (employers may be liable for sexual harassment perpetrated by nonemployees "in the workplace, where the employer ... knows or should have known of the conduct, and fails to take immediate and appropriate corrective action.").

6

To satisfy the first element in a prima facie case of retaliation, Folkerson must show sufficient facts to impute the actions of the casino patron to her employer. We conclude that Folkerson failed to show any facts which would indicate that Circus Circus in any way ratified or acquiesced in the patron's alleged sexual harassment. Instead, the facts indicate that Circus Circus took reasonable steps to ensure Folkerson's safety from customer harassment.

7

The district court correctly concluded that Folkerson failed to establish that she was opposing an unlawful employment practice of Circus Circus, summary judgment was properly granted and we AFFIRM.

[*~755]8

AFFIRMED.