66 Fair empl.prac.cas. (Bna) 769, 65 Empl. Prac. Dec. P 43,388 Victoria L. Trent, AKA Victoria L. Winebarger v. Valley Elec. Ass'n Inc. Richard Burasco Ross Dohlen, 41 F.3d 524 (9th Cir. 1994). · Go Syfert
66 Fair empl.prac.cas. (Bna) 769, 65 Empl. Prac. Dec. P 43,388 Victoria L. Trent, AKA Victoria L. Winebarger v. Valley Elec. Ass'n Inc. Richard Burasco Ross Dohlen, 41 F.3d 524 (9th Cir. 1994). Cases Citing This Book View Copy Cite
“we have held that when an 18 employee protests the actions of a supervisor such opposition is a 'protected activity.”
138 citation events (106 in the last 25 years) across 22 distinct courts.
Strongest positive: Burton v. See's Candy Inc. (cand, 2020-07-28)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Burton v. See's Candy Inc. (2×) also: Cited as authority (rule)
N.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we have held that when an 26 employee protests the actions of a supervisor such opposition is a 'protected activity.
discussed Cited as authority (verbatim quote) Vazquez v. Mayorkas (2×) also: Cited as authority (rule)
N.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we have held that when an 18 employee protests the actions of a supervisor such opposition is a 'protected activity.
cited Cited as authority (rule) Charlotte Cramer v. PeaceHealth
D. Or. · 2026 · confidence medium
Ass’n Inc., 41 F. 3d 524, 526 (9th Cir. 1994).
cited Cited as authority (rule) Hasia-Welch v. Disability Rights California
S.D. Cal. · 2025 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994).
discussed Cited as authority (rule) Husok v. Station Casinos, LLC
D. Nev. · 2025 · confidence medium
Plaintiff asserts that Defendant terminated 19 his employment in violation of the ADA and analogous provisions under state law. 20 In order to prevail at trial, Plaintiff must prove by a preponderance of the evidence that: 21 (1) Plaintiff opposed what he reasonably believed to be an unlawful employment practice 22 related to the hiring of a disabled person; 23 (2) Defendant subjected him to an adverse employment action; and 24 (3) Plaintiff was subjected to the adverse employment action because of his opposition to 25 an unlawful employment practice. 26 Trent v. Valley Electric Ass’n, Inc.,…
discussed Cited as authority (rule) Husok v. Station Casinos, LLC
D. Nev. · 2025 · confidence medium
Plaintiff asserts that Defendant terminated 20 his employment in violation of the ADA and analogous provisions under state law. 21 In order to prevail at trial, Plaintiff must prove by a preponderance of the evidence that: 22 (1) Plaintiff opposed what he reasonably believed to be an unlawful employment practice related 23 to the hiring of a disabled person; 24 (2) Defendant subjected him to an adverse employment action; and 25 (3) Plaintiff was subjected to the adverse employment action because of his opposition to an 26 unlawful employment practice. 27 Trent v. Valley Electric Ass’n, Inc.,…
cited Cited as authority (rule) O'Connor v. Soul Surgery LLC
D. Ariz. · 2024 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th 1 Cir. 1994).
cited Cited as authority (rule) Hernandez v. Maricopa County Community College District
D. Ariz. · 2024 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994)). 1 a motivating factor for her non-renewal.
discussed Cited as authority (rule) Luciano v. California Department of Corrections and Rehabilitation (2×) also: Cited "see"
S.D. Cal. · 2023 · confidence medium
Ass’n, 41 F.3d 524, 526 (9th Cir. 17 1994).
cited Cited as authority (rule) Kurdi v. California Department of Transportation
E.D. Cal. · 2023 · confidence medium
Ass’n Inc., 41 F.3d 524, 526-27 (9th Cir. 1994); see also Albro v. Spencer, 2019 WL 2641667 , at 27 *9 (E.D.
cited Cited as authority (rule) Colo v. NS Support, LLC
D. Idaho · 2022 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994) (“[A] plaintiff does not need to prove that the employment practice at issue was in fact unlawful under Title VII.
discussed Cited as authority (rule) Gardner v. Del Toro
S.D. Cal. · 2022 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994). “[A]n 25 adverse employment action is adverse treatment that is reasonably likely to deter 26 27 28 1 employees from engaging in protected activity.” Ray, 217 F.3d at 1237 .
cited Cited as authority (rule) Nosik v. All Bright Family Dentistry, LLC
D. Nev. · 2022 · confidence medium
Ass’n, 41 F.3d 524, 526 (9th Cir. 1994).
cited Cited as authority (rule) Vidal v. Safeway, Inc.
D. Or. · 2021 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994) (quoting Sias, 588 F.2d at 695 ); see also McZeal v. City of Seattle, 2006 WL 3254504 , at *7 (W.D.
cited Cited as authority (rule) Alozie v. Arizona Board of Regents
D. Ariz. · 2021 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994); Maner 20 v. Dignity Health, 350 F.Supp.3d 899, 906 (D.
cited Cited as authority (rule) Grubbs v. Arizona, State of
D. Ariz. · 2021 · confidence medium
Trent v. Valley Elec. 26 Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994).
cited Cited as authority (rule) Brzycki v. University of Washington
W.D. Wash. · 2021 · confidence medium
Ass’n Inc., 16 41 F.3d 524, 526 (9th Cir. 1994).
cited Cited as authority (rule) Jennifer Christian v. Umpqua Bank
9th Cir. · 2020 · confidence medium
Ass’n Inc., 41 F.3d 524, 527 (9th Cir. 1994).
cited Cited as authority (rule) Leeann Archuleta v. Cca
9th Cir. · 2020 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994).
discussed Cited as authority (rule) Bruner v. Phoenix, City of (2×)
D. Ariz. · 2020 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994) (collecting cases); 7 see also Alozie v. Arizona Bd. of Regents, 431 F. Supp. 3d 1100 , 1115 (D.
discussed Cited as authority (rule) Brown v. Dignity Health
D. Ariz. · 2020 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994). 4 For the purposes of a retaliation claim, an adverse employment action is an action that “is 5 reasonably likely to deter employees from engaging in protected activity.” Ray v. 6 Henderson, 217 F.3d 1234, 1243 (9th Cir. 2000).
discussed Cited as authority (rule) Clark v. Tucson, City of
D. Ariz. · 2020 · confidence medium
Ass’n Inc., 41 F.3d 524, 525 (9th Cir. 17 1994); Nilsson v. City of Mesa, 503 F.3d 947 , 954 n. 5 (9th Cir. 2007). 18 Here, the jury determined that Plaintiff was subjected to eleven adverse employment 19 actions ranging from being given an educational counseling and being involuntarily 20 transferred between units, to the deprivation of vacation time, seniority, and compensation. 21 See (Doc. 233, pg. 16-17).
discussed Cited as authority (rule) Bellesfield v. Mountain View Tours Incorporated (2×) also: Cited "see"
D. Ariz. · 2020 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 26 1994) (citing Sias v. City Demonstration Agency, 588 F.2d 692, 695 (9th Cir. 1978).
cited Cited as authority (rule) Fashjian v. Alaska Radiology Associates, Inc.
D. Alaska · 2020 · confidence medium
Ass’n, Inc., 41 F.3d 524, 526 (9th Cir. 1994)).
cited Cited as authority (rule) Alozie v. Arizona Board of Regents
D. Ariz. · 2020 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994) (collecting cases); 6 see also Maner v. Dignity Health, 350 F. Supp. 3d 899, 906 (D.
cited Cited as authority (rule) Dunlap v. Alaska Radiology Associates, Inc.
D. Alaska · 2019 · confidence medium
Ass’n, 41 F.3d 524, 526 (9th Cir.1994)) (further stating that this definition “comports with our interpretation of the anti-retaliation provision of Title VII.”).
cited Cited as authority (rule) Thacker v. GPS Insight LLC
D. Ariz. · 2019 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994).
cited Cited as authority (rule) Stewart v. SBE Entertainment Group, LLC
D. Nev. · 2017 · confidence medium
Trent, 41 F.3d at 525. .
cited Cited as authority (rule) Michael Leon v. the Boeing Company
9th Cir. · 2016 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994) (setting forth elements of a prima facie Title VII retaliation claim); see also 42 U.S.C. § 2000e-3(a) (describing protected activity under Title VII).
cited Cited as authority (rule) Andreatta v. Eldorado Resorts Corp.
D. Nev. · 2016 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994).
discussed Cited as authority (rule) Currier v. Northland Services, Inc.
Wash. Ct. App. · 2014 · confidence medium
Ass’n, 41 F.3d 524, 526 (9th Cir. 1994) (concluding that plaintiff’s reasonable belief that it was unlawful for her to be subjected to a series of sexually offensive remarks at a seminar her employer required her to attend would support a finding that she engaged in “protected activity” for purposes of a prima facie case of retaliatory discharge).
cited Cited as authority (rule) Carl Woods v. State of Washington
9th Cir. · 2012 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir.1994).
discussed Cited as authority (rule) Motoyama v. Hawaii, Department of Transportation
D. Haw. · 2012 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir.1994) (explaining that to establish protected activity, the plaintiff must “show that she had a ‘reasonable belief that the employment practice she protested was prohibited under Title VII”).
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Go Daddy Software, Inc. (2×)
9th Cir. · 2009 · confidence medium
Ass’n, Inc., 41 F.3d 524, 526 (9th Cir.1994).
discussed Cited as authority (rule) Eeoc v. Go Daddy Software (2×)
9th Cir. · 2009 · confidence medium
Ass’n, Inc., 41 F.3d 524, 526 (9th Cir. 1994).
discussed Cited as authority (rule) Bahr v. Capella University (2×) also: Cited "see"
Minn. Ct. App. · 2009 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir.1994); Meeks v. Computer Assocs.
cited Cited as authority (rule) Jadwin v. County of Kern
E.D. Cal. · 2009 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir.1994) (articulating the elements of a retaliation claim under the “opposition clause” of Title VII, 42 U.S.C. § 2000e-3 (a)). a.
discussed Cited as authority (rule) Howard v. Washington
9th Cir. · 2007 · confidence medium
Ass’n Inc., 41 F.3d 524, 526-27 (9th Cir.1994); however, it was reasonable for Howard to believe in 2002 that a racial pay disparity existed due to his research regarding the pay of other “WMS Band 2 Managers,” and it was reasonable that this belief continue into April, 2003, because he had not received a raise.
cited Cited as authority (rule) Funai v. Brownlee
D. Haw. · 2004 · confidence medium
Inc., 41 F.3d 524, 526 (9th Cir.1994) (“a plaintiff does not need to prove that the employment practice at issue was in fact unlawful under Title VII.
cited Cited as authority (rule) Burton v. Batista
D.D.C. · 2004 · confidence medium
Ass’n Inc., 41 F.3d 524, 526 (9th Cir.1994) (employee must have a “reasonable belief that the employment practice she protested was prohibited under Title VII” (quotation omitted)).
discussed Cited as authority (rule) Jacobs v. Boeing Co.
9th Cir. · 2003 · confidence medium
Ass’n, 41 F.3d 524, 526 (9th Cir. 1994) (stating that a plaintiff alleging retaliation in violation of Title VII must demonstrate: "(1) that she was engaging in a protected activity, (2) that she suffered an adverse employment decision, and (3) that there was a causal link between her activity and the employment decision”); Washington v. Boeing Co., 105 Wash.App. 1 , 19 P.3d 1041, 1045 (2000) (noting that Washington's "discrimination laws substantially parallel Title VII”).
discussed Cited as authority (rule) Anderson v. Pacific Maritime Ass'n
9th Cir. · 2003 · confidence medium
Ass’n, 41 F.3d 524, 526-527 (9th Cir.1994) (reversing summary judgment denying plaintiffs retaliation claim based on defendant’s discharge of plaintiff for reporting harassing conduct by nonem-ployee trainer hired to train defendant’s employees).
discussed Cited as authority (rule) Randolph Wilkins, Appellee/cross-Appellant v. St. Louis Housing Authority, Appellant/cross-Appellee (2×) also: Cited "see, e.g."
8th Cir. · 2002 · confidence medium
Ass’n, 41 F.3d 524, 526 (9th Cir.1994)).
discussed Cited as authority (rule) Weiland v. El Kram, Inc. (2×)
N.D. Iowa · 2002 · confidence medium
In Trent v. Valley Electric Association, Inc., 41 F.3d 524, 525 (9th Cir.1994), the plaintiff was hired by the defendant utility company to read residential electric meters.
discussed Cited as authority (rule) Crumpacker v. Kansas Department of Human Resources
D. Kan. · 2002 · confidence medium
Relying upon its holdings in Meritor Savings Bank v. Vinson, 477 U.S. 57 , 106 S.Ct. 2399 , 91 L.Ed.2d 49 (1986) and Faragher v. City of Boca Raton, 524 U.S. 775 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998) that “sexual harassment is actionable under Title VII only if it is ‘so severe or pervasive as to alter the conditions of [the victim’s] employment and create an abusive working environment,’ ” the Court reasoned: The Court of Appeals for the Ninth Circuit has applied § 2000e-3(a) to protect employee “opposition]” not just to practices that are actually “made ... unlawful” b…
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Micron Technology, Inc.
9th Cir. · 2002 · confidence medium
Ass’n, Inc., 41 F.3d 524, 526 (9th Cir.1994).
cited Cited as authority (rule) Dailey v. Norton
9th Cir. · 2002 · confidence medium
Ass’n, Inc., 41 F.3d 524, 526 (9th Cir.1994) (citations and internal quotation marks omitted).
cited Cited as authority (rule) Michael P. Moore v. California Institute of Technology Jet Propulsion Laboratory
9th Cir. · 2002 · confidence medium
Ass’n, 41 F.3d 524, 526 (9th Cir.1994) (quoting Barbara Lindemann & David D.
cited Cited as authority (rule) Beaulieu v. Northrop Grumman Corp.
9th Cir. · 2001 · confidence medium
Trent v. Valley Electric Ass’n, 41 F.3d 524, 526 (9th Cir.1994) (setting forth elements of prima facie retaliation claim).
discussed Cited as authority (rule) Parker v. Otis Elevator Co.
9th Cir. · 2001 · confidence medium
Retaliation Claim In order to establish a prima facie case of retaliation under Title VII, Parker must show that (1) he was “engaging in a protected activity,” (2) he “suffered an adverse employment decision,” and (3) “there was a causal link between [his] activity and the employment decision.” Trent v. Valley Electric Ass’n Inc., 41 F.3d 524, 526 (9th Cir.1994).
Retrieving the full opinion text from the archive…
66 Fair empl.prac.cas. (Bna) 769, 65 Empl. Prac. Dec. P 43,388 Victoria L. Trent, AKA Victoria L. Winebarger
v.
Valley Electric Association Inc. Richard Burasco Ross Dohlen
93-15458.
Court of Appeals for the Ninth Circuit.
Dec 1, 1994.
41 F.3d 524
Cited by 6 opinions  |  Published

41 F.3d 524

66 Fair Empl.Prac.Cas. (BNA) 769,
65 Empl. Prac. Dec. P 43,388
Victoria L. TRENT, aka Victoria L. Winebarger, Plaintiff-Appellant,
v.
VALLEY ELECTRIC ASSOCIATION INC.; Richard Burasco; Ross
Dohlen, Defendants-Appellees.

No. 93-15458.

United States Court of Appeals,
Ninth Circuit.

Submitted Nov. 17, 1994[*].
Decided Dec. 1, 1994.

Ian Christopherson, Burke & Christopherson, Las Vegas, NV, for plaintiff-appellant.

Renee R. Reuther, Jones, Jones, Close & Brown, Las Vegas, NV, for defendants-appellees.

Appeal from the United States District Court for the District of Nevada.

Before: LAY,[**] PREGERSON, and O'SCANNLAIN, Circuit Judges.

PREGERSON, Circuit Judge:

[*~524]1

Victoria Trent appeals the district court's grant of partial summary judgment in favor of defendants on her retaliatory discharge claim under Sec. 704 of Title VII of the 1964 Civil Rights Act, 42 U.S.C. Sec. 2000e-3(a) (1981). We reverse and remand.

BACKGROUND

2

On February 8, 1988, the Valley Electric Association ("VEA"), a rural public utility company, hired Victoria Trent to read residential electric meters. On July 20, 1988, she attended a mandatory safety meeting. VEA hired Ruralite Services, Inc. to conduct the meeting. During his presentation, the instructor from Ruralite used foul language and made a series of sexually offensive references. These included a description of the sexual experiences of linemen at a Nevada brothel. Trent was the only woman present at the lecture.

3

Trent complained about the offensive remarks to Richard Burasco, VEA's office manager. On August 19, 1988, Burasco asked Trent to put her complaint in writing. She submitted a written report to Ross Dohlen, VEA's general manager and later spoke with him about the safety meeting incident. When Trent remarked she "was not one of the boys," Dohlen replied that "for some purposes" she was. On August 31, 1988, Dohlen wrote to Ruralite complaining about the lecturer's offensive comments. On September 19, 1988, VEA fired Trent.

ANALYSIS

[*~525]4

We review a grant of summary judgment de novo. Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994). Trent challenges her dismissal under the "opposition clause" of Sec. 704 of Title VII of the 1964 Civil Rights Act, 42 U.S.C. Sec. 2000e-3(a) (1981). The clause makes it illegal for an employer to discriminate against an employee where the employee "has opposed any practice made an unlawful employment practice by this subchapter...." Courts have interpreted "unlawful employment practices" to include a panoply of actions involving discrimination and sexual harassment.

5

To succeed on a retaliation claim, Trent must first establish a prima facie case. E.E.O.C. v. Hacienda Hotel, 881 F.2d 1504, 1513 (9th Cir.1989). She must demonstrate (1) that she was engaging in a protected activity, (2) that she suffered an adverse employment decision, and (3) that there was a causal link between her activity and the employment decision. Id. at 1513-14.

6

In granting summary judgment in favor of VEA, the district court concluded that Trent failed as a matter of law to establish the first element of a prima facie case. We disagree.

7

The district court, relying on Silver v. KCA, Inc., 586 F.2d 138 (9th Cir.1978), found that because Trent complained about the practice of an outside consultant, not her employer, she was not protesting an "unlawful employment practice" under Title VII, and thus her conduct did not constitute a "protected activity." In Silver, the plaintiff was fired after confronting a co-employee and protesting a racially offensive remark he had made about her trainee. Her protest was directed solely to the employee who made the offensive remark. We said that "[t]he opposition must be directed at an unlawful employment practice of an employer, not an act of discrimination by a private individual." Id. at 141.

[*~526]8

Whether Ruralite is a "private individual" is questionable. VEA did, in fact, hire Ruralite to train its employees, a function often carried out by company supervisors. We have held that when an employee protests the actions of a supervisor such opposition is a "protected activity." E.E.O.C. v. Crown Zellerbach Corp., 720 F.2d 1008, 1014 (9th Cir.1983).[1]

9

But we need not delve into the subject whether "protected activity" under Title VII includes an employee's protest to her employer of an outside consultant's conduct. As we first explained in Sias v. City Demonstration Agency, 588 F.2d 692, 695 (9th Cir.1978), a plaintiff does not need to prove that the employment practice at issue was in fact unlawful under Title VII. To establish the first element of a prima facie case, Trent must only show that she had a "reasonable belief" that the employment practice she protested was prohibited under Title VII. Id. at 696; see also E.E.O.C. v. Crown Zellerbach Corp., 720 F.2d at 1013 ("opposition clause protection will be accorded whenever the [employee's] opposition is based on a 'reasonable belief' that the employer has engaged in an unlawful employment practice"). Most courts agree. See Payne v. McLemore's Wholesale & Retail Stores, 654 F.2d 1130, 1137-38 (5th Cir.1981) (employee belief that conduct being opposed was discriminatory must only be "reasonable") (quoting Hearth v. Metropolitan Transit Commission, 436 F.Supp. 685, 688-89 (D.Minn.1977)), cert. denied, 455 U.S. 1000, 102 S.Ct. 1630, 71 L.Ed.2d 866 (1982); Sisco v. J.S. Alberici Construction Co., 655 F.2d 146, 150 (8th Cir.1981) (same), cert. denied, 455 U.S. 976, 102 S.Ct. 1485, 71 L.Ed.2d 688 (1982); Berg v. La Crosse Cooler Co., 612 F.2d 1041, 1045-46 (7th Cir.1980) (employee need only have a "reasonable belief" that the practice she opposes is unlawful); Hearth, 436 F.Supp. at 688-89 (if employee "reasonably believes" that discrimination exists, his or her protest is a protest of an unlawful employment practice under Title VII); see also Barbara Lindemann & David D. Kadue, Sexual Harassment in Employment Law 280 (1992) ("The EEOC and most courts have stated that Sec. 704(a) protects opposition [to an employment practice] so long as the employee has a reasonable and good-faith belief that the practice opposed constituted a violation of Title VII").

10

This reading of Title VII is consistent with its purpose to eliminate discrimination in employment. To find that Title VII's opposition clause only protects those who can prove that the conduct at issue is actually unlawful "[w]ould not only chill the legitimate assertion of employee rights under Title VII but would tend to force employees to file formal charges rather than seek conciliation or informal adjustment of grievances." Sias, 588 F.2d at 695.

11

Trent need only show that she had a reasonable belief that it was unlawful under Title VII for her to be subjected to a series of sexually offensive remarks at a seminar her employer required her to attend. The record in this case could support a finding that Trent had such a reasonable belief. After all, Trent was obligated to attend the safety lecture to learn about an essential aspect of her job. She certainly would be justified in believing that Title VII would protect her from the offensive remarks she endured while attending the meeting.

12

For the reasons set forth above, we conclude that the record before the district court on summary judgment would support a finding that Trent engaged in a "protected activity"--the first element of a prima facie case of retaliatory discharge.[2] The district court erred when it found to the contrary. Accordingly, we reverse and remand.

*

The panel unanimously found this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4

**

The Honorable Donald P. Lay, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation

1

At least one court has held employers liable for acts of outside contractors under Title VII. See People v. Hamilton, 125 A.D.2d 1000, 511 N.Y.S.2d 190 (N.Y.Sup.Ct.1986) (employer liable when it failed to discharge an independent polygraph operator who sexually harassed employees); see also Waltman v. Int'l Paper Co., 875 F.2d 468 (5th Cir.1989) (triable issue whether employer took prompt remedial action in response to allegations of sexual harassment, some involving employees of independent contractor)

2

We do not decide whether or not summary judgment would be appropriate on the second or third elements of Trent's prima facie case