|
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
I, Sheila Hall, declare:
1. I am a female, former Wal-Mart employee
who began working at the Conway, Arkansas store in March 1994, while I was
attending school at the University of Central Arkansas. My first position was in the Deli. During the summer, I transferred to the
Columbia, Missouri store, where I worked at the Snack Bar. When I returned to school, I once again
worked at the Deli in the Conway store.
I transferred to Automotive briefly at the beginning of 1995, and moved
to Toys in the summer of 1995.
2. The Toy Department was located next to
the Hardware Department. I was often
required to cover for Hardware when employees took lunches and breaks, and when
they were called to the front end to work as cashiers. For several months, I asked Support Manager
Russ Roden if I could transfer from the Toy Department to the Hardware
Department. I preferred working in
Hardware, and I did not want to work in two different departments. My request was repeatedly denied. I was told by Mr. Roden, “We need you in toys
. . . you’re a girl, why do you want to be in Hardware?” Assistant Managers Joe Austin and Mark Tinney
also made similar remarks when I discussed the transfer with them.
3. In the three or four months I spent
repeatedly requesting to be transferred, several male employees with no
previous Hardware experience, and less Wal-Mart experience than I had, were hired instead of me as sales associates
in Hardware. Corey Kellybrew and Phillip
Garrett were hired into the position I had been requesting for months.
4. Finally, exasperated by Mr. Roden’s
refusal to transfer me into the Hardware Department, I confronted him and said,
“Just because I don’t have a penis between my legs, doesn’t mean I can’t do the
job.” He moved me into the Hardware
Department in February 1997. I did not
work with any other women in the Hardware Department.
5. In the Hardware Department, I faced
routine comments directed at my gender and my ability to work in Hardware. A male co-employee, Jeff Eskola, alluded to
Hardware being a “man’s job,” and that women should not be doing a man’s
job. I used the “Open Door” policy and
spoke to Store Manager Denny Ashley about Mr. Eskola’s comments, and was
basically told to “quit whining.” After
I complained, male co-workers snubbed me, and I was given more difficult
tasks. This treatment lasted for several
weeks. I chose not to use the “open
door” policy with the Home Office in Bentonville, because I did not believe it
would do any good, and I did not want any more retaliation.
6. In the spring of 1997, I went out of
town with a male co-employee named Joel Dean.
We both called in and informed our Assistant Manager, Paul Dehart, that
we would not return in time for our next scheduled work day. Upon our return, Mr. Dehart met separately
with both Mr. Dean and me. I was given a
coaching for the incident, but Mr. Dean was not.
7. I
received an “above-standard” rating on every annual evaluation given to me
between 1994 and 1999, except for one. I
received a “standard” rating on the only evaluations that was not “above
standard.” Assistant Manager Paul Dehart gave me a merit raise in 1996.
8. I was aware of men who had less
experience at Wal-Mart, but were paid more than me. For example, Jo Jo Riggs started in 1996, but
was paid significantly more than me. I
know this because Mr. Riggs bragged about how much he made. Nick Engi, who started in 1995 was also paid
more than me. On several occasions as
late as 1999, Support Manager Mark Tinney said to me, “If you would wear lower
cut shirts, you would probably get more pay.”
Mr. Tinney was eventually fired for sexual harassment after many years
with Wal-Mart. He made these comments in
front of other Managers, so I did not complain at the time because the managers
knew and no one responded. I did not
want to risk future retaliation.
9. In
1997, I finished school, and received my Bachelor’s Degree in Communications
from the University of Central Arkansas.
I told my male Department Manager, Chris Harrison, Assistant Managers
Evelyn Dean and John Nichols, and Store Manager Denny Ashley, that I wanted to
be a manager. Mr. Harrison and Mr.
Nichols told me to talk to Mr. Ashley.
Ms. Dean told me that Mr. Ashley “would never go for it.”
10. When I approached Store Manager Ashley
and asked him if I could join the Management Training Program, he laughed at me
and said he did not think that I was the type of person who would work out well
in management. When I asked what, specifically, I could do to increase my chances
of becoming a manager, Mr. Ashley told me that I would have to get his
recommendation to enter the Management Training Program, and that would not
happen. Even though I had worked at
Wal-Mart almost five years and had an excellent employment record, as reflected
in my many “above standard” evaluations, Mr. Ashley told me I needed more
experience.
11. In
1998, I was recruited by Lowe’s Home Improvement store, which is a competitor
of Wal-Mart. I commented at a grass
roots meeting that Wal-Mart’s competitors were paying significantly more, and
Store Manager Ashley, said, “The way I see it, a whore for a quarter is a whore
for a quarter.” I used the “Open Door”
policy and spoke with Evelyn Dean, a female Assistant Manager, about this
comment. Shortly thereafter Mr. Ashley
called me into his office and asked me if I was going to call the Home
Office. In hopes of improved treatment,
and for fear of retaliation, I told him that I would not.
12. During my Wal-Mart career, I applied for
promotions such as Department Manager and Support Manager at least five
times. I was passed over every
time.. For example, in early 1999, Tony
Delaney, an associate from the Lawn and Garden Department, was promoted to
Support Manager, the same position for which I had applied.
13. I
terminated my employment with Wal-Mart on October 15, 1999, which was the same
day I was passed over for the Support Manager position. On this last occasion, a woman, Christy
Gunter was promoted instead of me. Ms.
Gunter was dating a Support Manager, Tony Delaney at the time of her
promotion. Mr. Delaney is a male
employee who had been promoted to the very same Support Manager position for
which I had applied earlier in 1999.
Store Manager Ashely called me at home to ask me why I quit, and to
offer me a non-management position at another store. I declined.
14. I
had worked at Wal-Mart for more than five years without a promotion, despite my
exemplary work history. I quit because,
based on my experience, I believed that I would continue to be denied
opportunities for advancement in favor of male employees.
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 Arkansas that the foregoing is true and
correct.
This Declaration was signed by me on
___________________, 2003, In the City of ____________________________________,
State of Arkansas.
______________________________
Sheila
Hall
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