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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,
Rita Coones, declare:
1.
I make this declaration 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. in Austin, Texas from
September 9, 1995 through October 15, 1999.
I am female.
3.
My initial assignment was as a stocker in the
Receiving Department on the night shift.
My job consisted primarily of unloading trucks and stocking merchandise
into the correct storage locations. At
the time I was hired, I was the only female on the night receiving team.
4.
On my ninety day review, I received an “above
standard” evaluation and a $0.35 an hour raise.
This increased my initial pay rate from $6.50 to $6.85 an hour. One month later, in December 1995, I received
another $0.20 an hour merit raise for my “hard work on night receiving” and “in
appreciation and recognition of [my] capabilities.” (Attached hereto as Coones
Exhibit A is a true and accurate copy of the Commendation Form dated December
1995.) This raised my pay to $7.05 an
hour.
5.
Throughout the time I worked as a stocker, I observed
that men were allowed to operate the forklift while female associates were
not. Although I asked Store Manager
Scott Sloan to be trained in the use of the forklift, he denied my requests
without any explanation. I learned from
my female co-workers, Dawn Luna and Cindy Brown, that they too had been denied
training on use of the forklift when they worked as stockers. As I could not use the forklift, my ability
to perform my tasks was by necessity dependent upon the cooperation of the male
employees who had been provided the forklift training. I was not able to do all the tasks that the
men in the Receiving Department could do, and I felt I was viewed as not as
capable an employee.
6.
In 1996, I asked Store Manager Sloan to be promoted to
the support manager position for the night Receiving Department. I was qualified for this position because I
had already been working there for one year.
Store Manager Sloan gave the position to Mike [last name unknown]. Instead of a promotion, Store Manager Sloan
moved me to a day receiving position in “directs.” This position required me to scan merchandise
that came in through the back loading area.
It did not involve unloading trucks or stocking merchandise.
7.
On my annual evaluation in September 1997, I received
another “above standard” ranking and in the comments section, I wrote: “My goal is to move up (Support Team
Manager)….” (Attached hereto as Coones
Exhibit B is a true and accurate copy of my 1997 performance evaluation.) I
also told Store Manager Sloan during our discussion of this evaluation that I
wanted to advance with the company. I
asked him what I could do to move up but he ignored my question and did not
respond. Later, when two support manager
positions opened up in the Receiving Department that year, I told Store Manager
Sloan that I was interested in these promotions. I was not offered either position even though
by now, I had been working in day and night receiving for about two years and
was very capable of performing the support manager position. Instead, Store Manager Sloan again promoted
two men into these positions, neither of whom, to my knowledge, had any prior
experience working in Wal-Mart’s receiving departments. One of the men who
received the support manager position was Mike [last name unknown] who had
worked in the Furniture and Sporting Goods Departments. He was fired after approximately three months
in the position of support manager. As
best I recall, the first name of the other man who was promoted over me at that
time was Rodney. I no longer recall his
last name or prior position.
8.
In 1998, another night support manager position opened
up in the Receiving Department. I again
informed Store Manager Sloan that I wanted to apply for the position. Prior to promoting a male into the night
support manager position, Store Manager Sloan offered me the position of
Department Manager of Lingerie. I told
him that I would prefer the support manager position in receiving. He told me that he would prefer me in lingerie
and that is the job I received. The
Lingerie Department consisted exclusively of female associates and female
department managers. With this promotion, I received a $0.50 an hour raise so
that my pay rate was $8.50 an hour.
9.
On my annual evaluation that same year, I again
expressed interest in promotion. In the
comments section, I wrote: “I will
strive for excellence in my department…. I also would like to move up in the
Company as a Support Manager and then a[n] Asst. Mgr.” (Attached hereto as Coones Exhibit C is a
true and accurate copy of my 1998 performance evaluation.) During my meeting with Store Manager Sloan
regarding this evaluation, I again asked him what I could do to move up in the
company. As before, he just ignored this
question.
10. On my
annual evaluation the following year, 1999, I continued to express my interest
in promotion. I wrote: “Thank you for having given me the chance to
exceed and give Wal-Mart my full attention.
My goals are to advance in the Wal-Mart Company.” (Attached hereto as Coones Exhibit D is a
true and accurate copy of my 1999 performance evaluation.) Again, Store Manager Sloan brushed me off when
I asked him how I could advance with the company during our meeting regarding
this evaluation.
11. Despite my
track record of average or above average performance evaluations and written
and verbal requests for advancement opportunities, I was never promoted above
an hourly department manager position and my pay rate, after four years,
remained below $10.00 an hour at $9.50.
In October 1999, I left Wal-Mart because I did not feel there was any
future for me there.
12. At no point
during my employment at Wal-Mart did any manager inform me that Wal-Mart had a
Management Training Program or how I could be considered for, or apply to, this
program. I was never provided any
information about the program in writing and I do not recall the program being
posted on any store bulletin boards or discussed in the daily store meetings.
Had I known of a Management Training Program, I would have expressed interest
in participating. Had there been an
application available, I would have applied to join.
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 _______________________.
______________________________