BRAD SELIGMAN (SBN 083838)

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

 

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

 

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

 

NORTHERN DISTRICT OF CALIFORNIA

 

BETTY DUKES, PATRICIA SURGESON, CLEO PAGE, CHRISTINE KWAPNOSKI, DEBORAH GUNTER, KAREN WILLIAMSON AND EDITH ARANA, on behalf of themselves and all others similarly situated,

 

                        Plaintiff,

            vs.

WAL-MART STORES, INC.,

                        Defendant

Case No. C-01-2252 MJJ

 

 

 

 

DECLARATION OF KENNETH CHRISTENSEN IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

I, Kenneth Christensen, declare:

 

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.         I was employed by Wal-Mart, Inc. from approximately 1999 until April 2001.  I am male and reside in Florida.. 

 

3.         I was hired by Wal-Mart as a Tire and Lube Express (TLE) technician in a Supercenter store in Port Charlotte, Florida.  Within just a few months of being hired, my Store Manager, Cary Grant, (male) asked me if I wanted to be promoted to Service Manager.  The position was not posted, and I did not have to formally apply or interview.  I merely had to accept the offer, and I was promoted. 

 

4.         I was hired at $9.00 per hour when I began at Wal-Mart.  While I was Service Manager, I discovered that a female hourly associate named Sue Midolo was only making $7.90/hour.  Ms. Midolo had already been working at Wal-Mart for three years at the time I was hired. 

 

5.         In 2000, I thought one of  the TLE employees, Sue Midolo, should be promoted to Assistant Manager.  When I inquired about the possibility of promoting her,  Store Manager Grant told me that the District Manger, Patrick Cust, (male) refused to allow women in that position.  I was  disappointed by this, but then realized I had never seen a woman in a TLE managerial position.  I concluded that there was nothing I could do about it, so I did not pursue it further.

 

6.         In approximately April 2001, a female TLE employee, Virginia Driggers, asked me how she could be promoted to Service Manager.  I explained to her what had happened when I tried to promote Sue Midolo, and that the District Manager would not allow Ms. Midolo to be promoted to Assistant Manager in TLE because she is female.

 

7.         After I told Virginia Driggers that I had been unable to promote Sue Midolo because of her gender, I was fired.  District Manager Cust asked me whether I had told Virginia Driggers that Carey Grant told me that Mr. Cust would not allow Sue Midolo to be promoted to Assistant Manager because she is female.  When I told him I had, he told me that I should have come to him about it, and he fired me without investigating what I had been told by Carey Grant and without witnesses present.

   

 

            I declare under penalty of perjury of the laws of the United States and State of Florida that the foregoing is true and correct.

            This Declaration was signed by me on ______________________, 2003, at _______________________.

 

                                                                                    ______________________________

 

 

 

 

49:C:\Documents\eal\c-walm dec supp class cert.doc

02/06/2003 3:34:38 PM

 

 

 

 

: