|
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 |
|
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, SANDRA
BERKOWITZ, declare that:
1.
I make this statement on the basis of my personal
knowledge, and, if called as a
witness, could and would testify competently to the facts herein.
2. Before I began working at Wal-Mart I held office manager positions with Ohio Car Care and Rust Proofing, a real estate attorney, and Computer Air. For five years I was an office manager for Detailing USA. In each of these positions I supervised approximately five people at a time.
3. I was employed by Wal-Mart, Inc. in Boca Raton, Florida from June 6, 2001 through June 12, 2002. I am female.
4. I was initially hired as a cashier making $6.50 an hour. In August 2001, I received a merit raise of $.25 an hour. In September 2001, my performance evaluation rated my performance level “exceeds expectations” and I received a $.35 an hour raise. (Attached hereto is a true and accurate copy of 2001 Performance Appraisal as Berkowitz Exhibit A.) In November 2001, I was promoted to Customer Service Representative and given a 5% raise. This brought my pay rate from $7.10 to $7.46 per hour. I am single and I care for two grandchildren. On this salary I could barely support my family.
5. I did not work the same shift everyday. Some days I was scheduled for an opening shift and other days I was scheduled to close. Head Customer Service Manager Lazina Hernandez would call me when someone went on vacation or called in sick and I would work that shift. Some days I was forced to use my lunch period to pick up my 8-year-old granddaughter from school. My schedule varied because I wanted to show Wal-Mart that I could work any hours required. I hoped that this commitment would increase my chances of promotion.
6.
In approximately August 2001, I saw an opening
for a Personnel Manager at a Wal-Mart store in Pompano Beach, Florida posted on
the board in my store and on the CBL.
The Assistant Managers told us at evening meetings that if we wanted to
apply for a position on the CBL we would need to let them know so they could
give us a code. The Computer Based Learning
system or “CBL” is the computer system in Wal-Mart stores that allows
associates to apply for positions online.
I asked Assistant Manager Illene Jacobs if she would help me apply for
this position on the computer and she never did. I then called the store myself and the Store
Manager, Mitch Brick, told me to come in for an interview. After the interview he said that he would get
in touch with my Store Manager Charles Ayala and Assistant Manager Jacobs. I was sitting in the break room a few days later
when I heard Store Manager Ayala and Assistant Manager Jacobs discussing the
position. I learned from this
conversation that they were not going to recommend me for it. I did not get the position. I received no explanation from Store Manager
Ayala or Assistant Manager Jacobs for their refusal to recommend me for the
position. Neither of these managers
provided to me any guidance or instruction as to what, if anything, I needed to
do in order to be promoted.
7. In approximately September 2001, I expressed interest in an assistant manager position in Boca Raton, Florida to Head Customer Service Manager Lazina Hernandez and Assistant Manager Illene Jacobs. Head Customer Service Manager Hernandez said that I should apply for the position. When I asked Assistant Manager Jacobs for her approval and for the code I needed for the computer, she told me that I was good at what I was doing. She attempted to dissuade me from applying for this position. I told her that I wanted to become an assistant manager and Assistant Manager Jacobs replied, “why bother, most of the Assistants are men unless you are an exceptional woman.” This statement led me to believe that Assistant Manager Jacobs did not think I had an equal chance of becoming an assistant manager because I am a woman. Assistant Manager Jacobs never assisted me with applying for this position and therefore, I was never able to interview for it.
8. In approximately October 2001, Assistant Manager Bob Hall supervised the Domestics and Housewares Departments. He told me that the department manager positions for those departments were open. I was interested in applying for those positions. Assistant Manager Hall told me that to apply I would have to ask the Assistant Manager I reported to for clearance, who was Illene Jacobs. I told Assistant Manager Jacobs that I was interested in those positions and she told me she would get back to me. She never did.
9. In approximately January 2002, I saw a posting on a billboard in the back of our store for an Assistant Manager Trainee position. I told Assistant Manager Jacobs that I would like to apply for the position and needed her help to gain access though the computer. She again stated that I was good at what I did, but if I were really interested, that she would help me apply for the position when she had time. I would have asked another assistant manager but we were told that we were supposed to apply for positions with the assistance of our supervising assistant manager. I asked repeatedly for a few weeks for Assistant Manager Jacobs to help me apply. She repeatedly claimed that she never had time to help me. I eventually stopped asking Assistant Manager Jacobs to help me apply for the Assistant Manager Trainee position because a notice was posted stating that the position was closed. Later, I heard Assistant Manager Jacobs say that a man was selected for that position. This further convinced me that Wal-Mart was not interested in promoting women into management.
10.
I felt that I was being overlooked for the positions
that I expressed interest in because I am a woman. I felt discouraged from applying for other
positions. I never rose any higher at
Wal-Mart than the Customer Service Manager position.
I declare under penalty of perjury of the laws of the United States and of the State of__________________, that the foregoing is true and correct.
This Declaration was signed by me on ______________________, 2003 at
________________________.
________________________________________
S:\SHARE\LEGAL\Walmart\Declarations\Sandra Berkowitz class cert declaration.doc