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JOCELYN
D. LARKIN (SBN 110817) THE
IMPACT FUND 125
University Avenue Berkeley,
CA 94710 Telephone: (510)
845-3473 Facsimile: (510) 845-3654 |
JOSEPH
SELLERS CHRISTINE
WEBBER CHARLES
TOMPKINS JULIE
GOLDSMITH COHEN,
MILSTEIN, HAUSFELD & TOLL West
Tower – Suite 500 1100
New York Avenue Washington,
D.C. 20005-3964 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 |
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IRMA
D. HERRERA (SBN 98658) DEBRA
A. SMITH (SBN 147863) EQUAL
RIGHTS ADVOCATES 1663
Mission Street, Suite 250 San
Francisco, CA 94103 Telephone: (415)
621-0672 Facsimile: (415) 621-6744 |
STEPHEN
TINKLER MERIT
BENNETT TINKLER
& BENNETT 309
Johnson Street Santa
Fe, New Mexico 87501 Telephone: (505) 986-0269 Facsimile: (505) 982-6698 |
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SHEILA
Y. THOMAS (SBN 161403) EQUAL
RIGHTS ADVOCATES 5260
Proctor Avenue Oakland,
CA 94618 Telephone: (510) 339-3739 Facsimile: (510) 339-3723 |
DEBRA
GARDNER PUBLIC
JUSTICE CENTER 500
East Lexington Street Baltimore,
MD 21202 Telephone: (410) 625-9409 Facsimile: (410) 625-9423 |
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STEVE
STEMERMAN (SBN 067690) ELIZABETH
LAWRENCE (SBN 111781) DAVIS,
COWELL & BOWE 100
Van Ness Avenue, 20th Floor San
Francisco, CA 94102 Telephone: (415)
626-1880 Facsimile: (415) 626-2860 Attorneys for Plaintiffs |
SHAUNA
MARSHALL (SBN 90641) HASTINGS
COLLEGE OF THE LAW 200
McAllister Street San Francisco, CA 94102 Telephone: (415)
565-4685 Facsimile: (415) 565-4854 |
UNITED STATES DISTRICT COURT
I, PATRICIA
BEBEE, declare that:
1.
I have personal knowledge of each and every fact set
forth in this Declaration, and if called to testify as a witness in this
matter, I could and would competently testify to each of these facts.
2.
I was employed by Wal-Mart, Inc. at Store No. 0234 in
Liberty, Missouri from September 6, 1990 through June 26, 2001. I quit because of the lack of promotional
opportunities. I am female.
3.
Prior to joining Wal-Mart, I was employed by Pizza Hut
where, during my fourteen year history, I worked my way up from waitress to
shift manager to assistant manager to store manager.
4.
Despite my management experience, Wal-Mart offered me
a job as a sales associate in the Softlines
Department at $4.50 an hour. At the
time, I was supporting two school-aged children. On my application I had indicated that I was
seeking a supervisory position and that I had seven years of management
experience so I was disappointed not to be offered a management position. (True and accurate copy attached as Bebee Exhibit A.)
However, I had worked my way up through the ranks at Pizza Hut and I was
confident that I could do so again at Wal-Mart.
5.
On my 90 day evaluation, I was ranked “above standard”
in every category. My reward was a mere
25 cent raise, which I felt was very low and only brought my pay rate up to
$4.75 an hour. Under the “career goals” section of this evaluation, I
wrote, “Still would like to foresee possibility for assistant manager
program.” (True and accurate copy
attached as Bebee Exhibit B.)
6.
Several months later, Store Manager Leroy Marvel asked
me if I wanted to learn the Service Desk position. I said yes because I wanted to learn all
aspects of the Company so that I could get promoted. This job was not posted and I only knew it
was available after Store Manager Marvel offered it to me.
7.
In February 1991, I received an “above standard”
mid-year evaluation. Despite this good
rating, I did not receive any rate increase with this evaluation. In the “associate’s comments” section, I
wrote, ”Would still like to know more about Wal-Mart as a company. Would like to eventually train for CSM
[Customer Service Manager]; and up to MG [management] in due time.” (True and accurate copy attached as Bebee Exhibit C.)
8.
In July 1991, I received my first annual performance
evaluation and again, I was ranked “above standard.” This time I was given a 30-cent raise for my
high achievement, but I was still only earning $5.05 an hour.
9.
Since I was having trouble supporting my family on
this low wage, I began working a second job at ASAP convenience store. At the time, I planned to work this second
job only until I was promoted into management, which I still believed would
happen even though none of my managers had acknowledged my written requests for
management opportunities.
10.
During the time, I worked the Service Desk, I learned
the job requirements of Customer Service Manager (CSM) and began performing
those duties as well. The CSM oversees
the front end of the store, including scheduling and supervising the cashiers
and checking out merchandise.
11.
On my yearly evaluations in 1992 and 1993, I was
ranked 4.1 and 3.8, respectively, as a Customer Service Manager. A “4” indicates a ranking of “exceeds
expectations.” Both years I received
only a 30-cent raise.
12.
On my 1992 evaluation, I wrote, “I am still interested
in pursuing a higher level in this Company.
Do not want to be stagnant!!” (True and accurate copy attached as Bebee Exhibit D.) In
1993, I was frustrated with my lack of progress and low rate of pay and
wrote: “I am very pleased with my
overall evaluation. My only feedback is
if you do a pretty descent [sic] job at your area, why there isn’t a merit
increase along with your annual?” (True and accurate copy attached as Bebee Exhibit E.)
After three years with the Company, I was still earning only $5.65 an
hour. In August 1993, I was promoted to
the position of Head Service Desk and received another 30-cent raise. But, I was still earning less than $6 an
hour: $5.95. In the Head Service Desk position, I was
responsible for overseeing customer service, including handling exchanges and
refunds for customers, and doing the charges for organizations and churches.
13.
In May 1994, I helped stop a theft in the front end of
the store. For this, I received a merit
raise of 20 cents an hour.
14.
In July 1994, I earned another “above standard”
evaluation. This time my increase was 40
cents an hour, which brought my pay rate to $6.55 an hour. In the comments section, I wrote: “Still want to learn other areas thru the
store so I can better myself and possibly go to another area in the future. I
believe in learning what you can about all aspects of a job so you both benefit
yourself and the company. I believe I do
a fantastic job on the front end even when the stress level has reached its
peak. Would like to learn another area! Nite receiving and day stocker.” (True and accurate copy
attached as Bebee Exhibit F).
15.
In approximately March 1995, Store Manager Marvel
asked me if I wanted to move to the Cash Office. This job was not posted and the only way I
learned about it was when Store Manager Marvel offered it to me. During the approximately one and a half years
I worked in this position, my hours were varied, including weekday shifts from
11a.m. to 7 p.m. and 2 p.m. to closing, and a Saturday shift from 5 a.m. to 2
p.m. I received a merit increase of 50
cents an hour when I first took the position.
That July, I received another “above standard” evaluation. In the comments section, I again stated that
I did not want to stagnate but to learn all I could and to move to the next
level. (True and accurate copy attached
as Bebee Exhibit G.)
16.
In 1996, Store Manager Marvel allowed me to move to a
Stocker position. When I first expressed
interest in this position, Store Manager Marvel told me he did not want me to
move from the Cash Office because I was too valuable in that position. I worked
on the stocking crew for about two years.
I received “above standard” annual evaluations both years and raises of
40 cents and 50 cents, respectively.
After eight years at Wal-Mart, I was still only making $8.50 an
hour. On my 1996 evaluation, I wrote, “I
am still interested in learning all I can for this Company. I don’t want to be stagnant in one
position. I have ideas about the mgt.
Program in the future. People need to
develop and be able to grow to benefit the Company.” (True and accurate copy attached as Bebee Exhibit H.)
17.
Although I had consistently stated my interest in
moving up in the Company on each of my evaluations through 1996, I only recall
two managers talking to me about a management career at Wal-Mart. The first, a male Assistant Manager whose
name I no longer remember, told me that I needed to have a college degree. I told him that neither the Store Manager,
Leroy Marvel, nor the District Manager, Jerome Schieder,
had a college degree. I also remember
talking to Assistant Manager Ben Abbott about my interest in management but I
do not recall him giving me any encouragement or instructions regarding how to
find out about or apply for management opportunities.
18.
In 1998, I quit my second job at ASAP convenience
store. About this time, Wal-Mart started using a computerized job posting
system for some of the positions open at my store. I made a number of applications for department
manager positions through this system, including the Paper Goods and Chemicals
Department and Electronics Department.
At one point, I was interviewed by an Assistant Manager for a department
manager position. The only thing I
recall about this interview was informing the Assistant Manager that I did not
want to be placed in the Cosmetics Department.
The Cosmetics Department was a “high shrink” area: high volume with lots of theft. It was also a department comprised
exclusively of female associates and I did not view it as a stepping stone to
management as I did some of the other departments, such as Electronics and
Paper Goods and Chemicals, that were run mostly by male associates and male
department managers.
19.
I learned that I had been promoted to Department
Manager when the new Store Manager, Cynthia Olah,
congratulated me. At first, I was
thrilled because I believed I was being promoted to the Paper Goods and
Chemicals Department. Then she told me
it was the Cosmetics Department and I was tremendously disappointed. In addition to considering this a dead end
department, I had learned from the former Department Manager that Cosmetics was
chronically understaffed. I learned
later that a male, Mark Richardson, was promoted to Department Manager over Paper
Goods and Chemicals.
20.
During the approximately two and one-half years I was
Department Manager in Cosmetics, I continued to apply for the department
manager position in the Paper Goods and Chemical Department as well as other
departments. I was never interviewed
again. And even though I kept receiving
“above average” or “meets expectations” rankings on my performance evaluations,
none of the Assistant Managers or the Store Manager ever talked to me about
Wal-Mart’s management training program.
There was no information about this program posted anywhere in the store
and I did not learn about its existence until very late in my career at
Wal-Mart. The management training
program was not discussed at the daily store meetings I attended.
21.
During this same two and one-half year period, I
watched Mark Richardson and other male associates move from position to
position within the Company while I stagnated as the Cosmetics Department
Manager. In particular, Mr. Richardson
moved from department head to department head, including in the Household Paper
Goods, Electronics, and Men’s Wear Departments.
Another male associate, Paul Owings, who appeared to be barely out of
high school and who was hired several months after I became Department Manager
in Cosmetics, was promoted from a sales associate to Department Manager over
the Paper Goods and Chemicals Department to Support Manager.
22.
In June 2001, I quit my employment with Wal-Mart
because of the lack of promotional opportunities. During my exit interview, I informed Wal-Mart
that I was leaving because I was dissatisfied with the hours, working
conditions, career opportunities and my supervisor. (True and accurate copy attached as Bebee Exhibit I.) No
member of management made any attempt to dissuade me from leaving or told me of
any promotional opportunities that would be available.
I declare under penalty of perjury of the laws of the United States and State of __________________ that the foregoing is true and correct.
This Declaration was signed by me on ______________________, 2003, at _______________________.
______________________________