Case: Wilson v. Cendant Corporation

3:04-cv-01133 | U.S. District Court for the Middle District of Tennessee

Filed Date: Jan. 22, 2004

Closed Date: Oct. 28, 2007

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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 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, 4…

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.

Summary Authors

Gabriela Hybel (11/21/2016)

People


Judge(s)

Haynes, William Joseph Jr. (Tennessee)

Attorneys(s) for Plaintiff

Goldblatt, Lisa A. (District of Columbia)

Gonzalez, Jerry (Tennessee)

Morris, Grant E. (District of Columbia)

Sanford, David W. (District of Columbia)

Attorneys(s) for Defendant

Crenshaw, Waverly David Jr. (Tennessee)

Fisher, Jason D. (Tennessee)

Weirich, C. Geoffrey (Georgia)

Judge(s)

Haynes, William Joseph Jr. (Tennessee)

Attorneys(s) for Plaintiff

Goldblatt, Lisa A. (District of Columbia)

Gonzalez, Jerry (Tennessee)

Morris, Grant E. (District of Columbia)

Sanford, David W. (District of Columbia)

Attorneys(s) for Defendant

Crenshaw, Waverly David Jr. (Tennessee)

Fisher, Jason D. (Tennessee)

Weirich, C. Geoffrey (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 27, 2006 Docket
35

Third Amended Complaint

Pennington v. Cendant Corporation, Fairfield Resorts, Labelle, Higdon, and Barnes

Oct. 14, 2005 Complaint
15-2

Consent Decree

Wilson v. Fairfield Resorts

Oct. 28, 2005 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Tennessee

Case Type(s):

Equal Employment

Key Dates

Filing Date: Jan. 22, 2004

Closing Date: Oct. 28, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All females who worked at Fairfield Nashville at any time between May 8, 2002 and 10/28/2005.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cendant Corporation, Private Entity/Person

Fairfield Resorts Inc., Private Entity/Person

Case Details

Causes of Action:

State law

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,989,235

Order Duration: 2005 - 2007

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

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female