University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Wilson v. Cendant Corporation EE-TN-0145
Docket / Court 3:04-CV-01133 ( M.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On January 22, 2004 a group of Fairfield Resorts employees filed this class action lawsuit against Cendant Corporation, Fairfield Resorts, and 15 individuals working at Fairfield Resorts in the U.S. District Court for the Middle District of Tennessee, Nashville Division. On February 18, 2005 the ... read more >
On January 22, 2004 a group of Fairfield Resorts employees filed this class action lawsuit against Cendant Corporation, Fairfield Resorts, and 15 individuals working at Fairfield Resorts in the U.S. District Court for the Middle District of Tennessee, Nashville Division. On February 18, 2005 the complaint against Cendant Corporation, the parent corporation to Fairfield Resorts, was dropped. The plaintiffs sued Fairfield Resorts and individual employees under Title VII of the Civil Rights Act, 42 U.S.C. 2000, and 42 U.S.C. 1981. The plaintiffs, represented by private counsel, asked the court for injunctive and equitable relief, as well as compensatory and punitive damages.

The plaintiffs were filing suit over alleged sexual harassment, gender discrimination, and retaliation they experienced on the job. On July 8, 2005 the plaintiffs and defendants brought a joint motion for preliminary approval of a proposed consent decree. The consent decree included monetary relief for all female employees who filed complaints with human resources, and between $75,000 and $250,000 for the named parties in the settlement. It required a commitment from the defendant to ensure equal employment opportunities for female employees and applicants.

On October 28, 2005, Judge William J. Haynes approved the consent decree. The consent decree ordered the defendant to pay a total of $550,000 to the five complainants. It further ordered the defendant to commit to equal employment opportunities for female employees; revise its policy and trainings on sexual harassment, including a Zero-Tolerance Policy; modify its complaint system to ensure complaining parties receive information about corrective actions taken; and impose substantial discipline procedures for sexual harassment and gender discrimination. The decree left open the opportunity for the plaintiff to move for attorney fees.

On January 25, 2006, Judge Haynes granted the plaintiff's unopposed motions for attorney's fees in the total of $1,439,235.00.

After the initial joint motion for approval of the consent decree, one plaintiff severed his case. He submitted a separate complaint against the same parties under Title VII and 42 U.S.C. 2000. The plaintiff asked the court for compensatory and punitive damages. He alleged that he was retaliated against after opposing the sexual harassment and gender discrimination he witnessed at Fairfield Resorts.

The docket indicates no findings on the second plaintiff’s complaints.

Gabriela Hybel - 11/21/2016


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Retaliation
Plaintiff Type
Private Plaintiff
Causes of Action State law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Cendant Corporation
Fairfield Resorts Inc.
Plaintiff Description All females who worked at Fairfield Nashville at any time between May 8, 2002 and 10/28/2005.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2007
Filing Year 2004
Case Closing Year 2006
Case Ongoing No
Docket(s)
3:04CV01133 (M.D. Tenn.)
EE-TN-0145-9000.pdf | Detail
Date: 02/27/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Third Amended Complaint [ECF# 35]
EE-TN-0145-0001.pdf | Detail
Date: 10/14/2005
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 15-2]
EE-TN-0145-0002.pdf | Detail
Date: 10/28/2005
Source: PACER [Public Access to Court Electronic Records]
Judges Haynes, William Joseph Jr. (M.D. Tenn.)
EE-TN-0145-9000
Plaintiff's Lawyers Goldblatt, Lisa A. (District of Columbia)
EE-TN-0145-0001 | EE-TN-0145-0002 | EE-TN-0145-9000
Gonzalez, Jerry (Tennessee)
EE-TN-0145-0001 | EE-TN-0145-0002 | EE-TN-0145-9000
Morris, Grant E. (District of Columbia)
EE-TN-0145-0001 | EE-TN-0145-0002 | EE-TN-0145-9000
Sanford, David W. (District of Columbia)
EE-TN-0145-0001 | EE-TN-0145-0002 | EE-TN-0145-9000
Defendant's Lawyers Crenshaw, Waverly David Jr. (Tennessee)
EE-TN-0145-0002 | EE-TN-0145-9000
Fisher, Jason D. (Tennessee)
EE-TN-0145-9000
Weirich, C. Geoffrey (Georgia)
EE-TN-0145-0002 | EE-TN-0145-9000

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