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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 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, Earnestine Gordon,
declare:
1.
I am female and a
current employee of Wal-Mart. I am
African American and reside in Pittsburg, California
2.
I have worked at
the Wal-Mart store in Pittsburg, California, since 1992. I have worked both in Division 1, which is
the main division, and in Division 6, which is the Tire and Lube Express (TLE)
division. I was denied a raise when I
was promoted to TLE Support Manager in 1998.
I was denied information that would have allowed me to compete for a TLE
Manager position, which I am very interested in and qualified for.
3.
I was hired in
1992 as a Cashier in Division 1 for the winter holiday season. In March 1993, I was promoted to permanent
status. From 1992 to 1994, I worked in
Division 1 as a Cashier, at the Courtesy Desk, and in Lay-Away. None of these positions were posted, and I
was not interviewed. I was selected for
each assignment by a manager.
4.
In 1994, a
Division 1 Customer Service Manager position became available. The position was not posted, but I knew it
was available because the employee who held the position had left. Assistant Manager Ricky Robinson gave me the
promotion without an interview. As a
Customer Service Manager, I trained and supervised Cashiers, handled customer
complaints, and kept all customer service departments stocked with necessary
supplies.
5.
In 1995, I was
asked by Store Manager Rick Pace to return to the Courtesy Desk because the
area was understaffed. I agreed, but I
was unhappy to lose my supervisory duties.
I started looking for a position elsewhere in the store.
6.
I saw a position
for TLE Cashier posted near the time clock.
Even though the position was not an hourly supervisory job, I was
interested because it paid more money. I
was also interested in working in the TLE Division because it is a smaller
division and I believed I would have more opportunities to prove myself and
gain promotions. I applied for the
Cashier position and was hired in approximately May 1995 after an interview
with TLE Manager Matt Steigert. Shortly
after I took the TLE Cashier position, the new TLE Manager, Scott Thomas,
promoted me to Perpetual Inventory Specialist.
I had not applied for the position.
I held that position until approximately 1998, when my job title changed
to TLE Department Manager. Although my
job title changed, my job duties did not change substantially.
7.
In approximately
March 1998, TLE Manager Marco Campbell promoted me to TLE Support Manager. The position was not posted, and I was not
interviewed. Although my job duties
increased substantially, as described below, I did not receive a raise when I
was promoted, and TLE Manager Campbell described the change as a lateral move.
8.
As TLE Support
Manager, my responsibilities included running daily computer reports,
calculating time and service charges for automobile technicians, handling
customer complaints, directing associates to the appropriate manager for
specific issues, scheduling associates for work, and performing the duties of
the TLE manager in his or her absence.
9.
Early in my
career at Wal-Mart, I became interested in a management position with the
company. In 1993, I wrote on my annual
performance appraisal that my goal was to “become a manager of a department and
go on from there.” (True and correct copy attached hereto as Gordon Exhibit
A.) After several years of merit raises,
promotions, and “outstanding” performance evaluations, I knew that I had proved
myself as a valued Wal-Mart employee and I believed I could win further
promotions. On my annual performance
appraisal for 1998, I commented that I wanted to “learn more about the duties
of TLE Manager.” (True and correct copy
attached hereto as Gordon Exhibit B.)
10.
I never saw any
written information about the job of TLE Manager. I never learned of a way to apply directly
for the job of TLE Manager. I expressed
interest in the TLE Manager position to three different TLE Managers during
1998 to 2002: Martin Vandenberg, Marie Perkins, and Michelle Notah. In response to my inquiries, all three
managers told me that TLE Managers are required to relocate for training and
placement. When I told each manager that
my family responsibilities prevent me from relocating out of the Pittsburg
area, each manager told me that the door to TLE management was closed.
11.
No TLE Manager
ever informed me of the Resident Manager Program, which I would have been
interested in pursuing. I live with and
care for my grandson, my mother, and my infirm husband, and my son and daughter
frequently live with me as well. These
responsibilities make it impossible for me to move away from the Pittsburg
area. If I had been informed of the
Resident Manager Program, I would have been very interested in pursuing a Manager job.
If applications were available, I would have applied.
12.
Since 1998, when
I was promoted to TLE Support Manager, the TLE Department has had five new TLE
Managers. I have never been encouraged
to apply for any of the TLE Manager positions, even though I have received many
“outstanding” and “exceeds expectations” evaluations and I have frequently
performed the duties of the TLE Manager when he or she was away.
13.
Wal-Mart had a
short open application process for the Management Training Program in January
2003. Because I am currently the only
morning Cashier in the TLE Department, I am not able to attend the morning
meetings, where the application period was announced. If I had known about the application period,
I would have applied for a resident management training position.
14.
On February 14,
2002, I was demoted to TLE Sales Associate because I was not available to work
on Sundays because I attend church. My
availability had never previously been a problem in the TLE Department. I currently remain a TLE Sales Associate.
15.
I work in the
same store as named plaintiff Betty Dukes.
I have never heard other employees criticize Ms. Dukes' work
performance. I have never had any
complaints about Ms. Dukes' work performance.
16.
I have personal
knowledge of each and every fact set forth in the Declaration, and if called to
testify as a witness in this matter, I could and would competently testify to
each of these facts.
I declare under penalty of perjury of the laws of the
United States and State of California that the foregoing is true and correct.
This Declaration was signed by me on
______________________ (month and day), 2003, at_____________________________________(city
and state).
______________________________
Earnestine Gordon