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 JULIE DONOVAN

IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

 

I, Julie Donovan, do hereby 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.   I am female.

2.         I was employed by Wal-Mart in the Home Office from August 1996 until November 1997

as a Senior Buyer.

3.         I graduated from Marymount University college with a Bachelor’s degree in Fashion

Merchandising in 1990.  Prior to my employment with Wal-Mart I was in the executive training      program at Macy’s in New York and was later employed by Jamesway, in New Jersey, and Office       Depot in Florida.

4.         In August 1996, while working at Wal-Mart’s Home Office in Bentonville, AR  I was

told by Ray Hobbs, Sr. Vice President and General Merchandise Manager, that he was surprised that I, as a woman, was in such a high position at Wal-Mart, and that it would be better if I were at home raising a family.

5.         During that same time frame I was told by Mr. Hobbs, that I did not play well with the

“boys” in the company.  Specifically, I was told that because I did not hunt, fish, or do other           typically-male activities, that I probably would not advance any further with Wal-Mart.

6.         I met with Mr Hobbs for my performance evaluation in approximately October 1997. 

We were talking about the next position I could seek to advance my career and he said I should

not worry about that, because “you aren’t a part of the boy’s club, and you should raise a family      and stay in the kitchen” instead of seeking to advance my career.

7.         I traveled to Kansas City twice for company-wide managers’ meetings.  I observed that

approximately 85% of the managers present were men.  When I attended these meetings, there             were no other women from the department attending who I could share a hotel room with, and

thus I had my own hotel room.  Rather than recognizing that there were simply too few women in        positions at my level, Karman Wood, a buyer, made comments to the effect that I was receiving         preferential treatment because I was a woman.

8.         In order for me to engage other managers or upper level officials in conversation, the

discussion generally had to be centered around hunting or sports-related topics to gain their

respect.  At one Kansas City managers’ meeting I had to base my presentation on Monday Night         Football to ensure my credibility with the other male managers.

9.         I made informal comments to my supervisor Vice President and Divisional Merchandise

 Manager, Bill Long, about how I was being treated.  He told me to shrug it off and that I needed

to “have a thick skin.”  I also discussed my situation with Bill May, a buyer who is now a Vice

President at Wal-Mart, and he told me the same thing as Mr. Long.

 

I declare under penalty of perjury of the laws of the United States and of the State of New Jersey, that the foregoing is true and correct.  I signed this on April  ___, 2003 in _______, New Jersey.

 

 

                                                                                    _____________________________

                                                                                    Julie Donovan