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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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SHEILA
Y. THOMAS (SBN 161403) 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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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 |
DEBRA
GARDNER PUBLIC
JUSTICE CENTER 500
East Lexington Street Baltimore,
MD 21202 Telephone: (410) 625-9409 Facsimile: (410) 625-9423 |
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SHAUNA
MARSHALL (SBN 90641) HASTINGS
COLLEGE OF THE LAW 200
McAllister Street San Francisco, CA 94102 Telephone: (415)
565-4685 Facsimile:
(415) 565-4854 Attorneys for Plaintiffs |
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UNITED STATES DISTRICT COURT
I, Cecilia Harrison, declare:
1. I am a 41 year old African-American
female who lives in Tooele, Utah. I
began working for Wal-Mart at the Home Office in 1992. I entered the Management Training Program in
1997 and became an Assistant Manager.
Becoming Store Manager of my own Wal-Mart store was my goal at
Wal-Mart. I applied for over ten
Co-Manager positions, the step between Assistant Manager and Store Manager, but
Wal-Mart never promoted me. After four
years of observing Wal-Mart promote male Assistant Managers to Co-Managers and
observing Wal-Mart recruit males from outside the company for Co-Manager
positions, I felt that because I was the wrong gender, Wal-Mart was not going
to give me the opportunity to advance past my Assistant Manager position. In 2000, I terminated my employment with
Wal-Mart due to the lack of career advancement opportunities for me, as a
female.
2. Before I began my employment at
Wal-Mart I had over 10 years of experience in the import merchandise
field. In 1992, my husband and I
relocated to Rogers, Arkansas. I applied
for a position at the Wal-Mart home office in Bentonville, Arkansas. I was hired in the import section of the
international merchandising department.
3. My first job was in a clerical
position. Within a month, Wal-Mart
promoted me to an Import Analyst/Customs Coordinator position. In this position I was responsible for
reviewing Wal-Mart’s importation quotes from its broker and finding any
discrepancies or errors within the broker’s U.S. Custom’s filings.
4. Within six months of beginning my
Wal-Mart employment, I recovered for Wal-Mart a large sum in overpaid import
taxes. I was rewarded with the “Yes We
Can Sam” award and I was soon chosen to work with Wal-Mart executives on
Wal-Mart’s Foreign Trade Zone logistics team, which entailed that I travel with
executives to Buckeye, Arizona and help develop the Foreign Trade Zone’s
warehouse. I was a member of this team
during 1993 and 1994.
5. I received my first annual performance
evaluation in September 1993 and was rated as “exceeds expectations.” I communicated my career goals with Wal-Mart
on the evaluation. I wrote: “Goals:…work
towards a management position with in Wal-Mart.” See Cecilia Harrison’s
September 1993 Performance Evaluation, a true and correct copy attached hereto
as Exhibit A.
6. While at the Home Office I decided to
grasp as much knowledge as I could about as many facets of the company as
possible, so that I would be attractive to Wal-Mart for a salaried management
position. I requested and received a
transfer to a Merchandise Assistant position in 1994. In that position, I learned Wal-Mart’s
company-wide merchandising practices and policies and I assisted Clifford
Young, buyer for Department 82, impulse merchandising. I worked on merchandise projects that
trickled down to every Wal-Mart store.
For example, I fully developed and designed Wal-Mart’s Balloon Program,
creating the standards for balloon display and sales procedure implemented in
all Wal-Mart stores.
7. In 1995 I moved into a Modular Planner
position to learn another aspect of Wal-Mart operations. I became Modular Planner for department 82,
impulse merchandise. A modular is a store
product display area. The smallest
detail of each product’s layout at each Wal-Mart store is designed and
controlled by Modular Planners at the Home Office. As Modular Planner for department 82, I
controlled the merchandise layouts for food, checkouts, clip strips, and the
tobacco products for the entire chain of Wal-Mart stores.
8. While I was an employee at the Home
Office I saw that the Home Office controls every aspect of a store. Guidelines are created in the Home Office,
including the guidelines governing merchandise selection and displays, as well
as personnel policies.
9. In 1997, after I had been with Wal-Mart
almost five years, my husband reported to Georgia for army training. I approached J.R. Campbell, who was the
Senior Vice-President over my department, and expressed interest in
transferring to a Wal-Mart store. I told
Mr. Campbell that I did not want to give up my employment with Wal-Mart and
that I wanted to become a member of salaried management on the store
level. Mr. Campbell provided me a written
recommendation supporting my entry into the Management Training Program.
10. I
was accepted into an accelerated Management Training Program at the Martinez,
Georgia Wal-Mart store. When I
completed the program, I received an “above average” rating on my training
program evaluation. While in the
Management Training Program, I let Store Manager John Vail and Co-Manager Tom
White know that I wanted to work my way into a Co-Manager position and then
eventually manage my own store.
11. About the time I finished the Management
Training Program my husband was stationed in California. Therefore, I asked to
be transferred to an Assistant Manager position in California. I transferred to the Wal-Mart store in Paso
Robles, California in September 1997.
12. I informed Paso Robles Store Manager Nick
Sigala and District Manager Ron Smoot that I was interested in being promoted
in January 1998, during my first annual evaluation as an Assistant
Manager. I wrote on my evaluation that I
wanted to take the next step, to Co-Manager.
See Cecilia Harrison’s January 1998 performance evaluation, a
true and correct copy hereto attached as Exhibit B.
13. Nick Sigala remained the Store Manager at
the Paso Robles store for approximately my first year as Assistant Manager
there. During that time Nick Sigala
treated female Assistant Managers differently than male Assistant
Managers. If a problem occurred at the
store he yelled at the female Assistant Managers, which included Lissa
Remington, Sherrie Logan and me. However,
he never yelled at the male Assistant Managers, Greg French and Kenny
Johnson. Mr. Sigala ranted and raved at
the females on a daily basis, unless he was asking us to do extra work for him,
such as preparing his presentations for district meetings. I never observed him treating the male
Assistant Managers rudely. He chose the
male Assistant Managers to be his buddies.
He golfed with them. He even
tried to get Mr. French and Mr. Johnson a transfer to his new store, when he
transferred. Store Manager Sigala did
not befriend any female Assistant Managers.
14. After two years as Assistant Manager in
the Paso Robles store, I transferred to a Wal-Mart in Orem, Utah, because my
husband was hired by a company in Utah.
15. Once my family was in Utah, my husband
and I had a discussion about my future at Wal-Mart. We talked about how I wanted to become a
Wal-Mart Co-Manager and then a Store Manager.
My husband had been honorably discharged from the army, so the army no
longer dictated our residence. My
husband and I agreed that from that point on, where our family lived would be
dictated by my career with Wal-Mart. We
knew that many promotions were out of state and we were willing to move
anywhere.
16. I started working at the Orem Wal-Mart
store in March 1999. I was assigned to
be Assistant Manager of soft lines and front end. Within six months I was promoted to the Lead
Assistant Manager of the store. As Lead
Assistant Manager I was charged with the additional responsibility of creating
the Assistant Manager schedules and running Store Manager and Co-Manager
reports when those managers were busy or unavailable.
17. My Store Manager, John Reynolds, also
chose me to be the Orem Wal-Mart’s closing Assistant Manager. This means that I was the regularly scheduled
Assistant Manager on the 2 p.m. to closing shift. Within six months I made such an impact on
the Orem’s store operations and the employees’ morale, including dramatically
improving the store’s readiness for the morning crew, that the District
Manager, Jim Curtis, requested that I give a presentation to all Utah Store
Managers.
18. Throughout my employment in the Orem
store, I let District Manager Jim Curtis and Store Manager John Reynolds know I
was always looking for the next step in my career, to become a Co-Manager.
19. John Reynolds completed my first
evaluation in the Orem Wal-Mart in February of 2000. He rated me as “exceeds expectations.” Jim Curtis was present during this
evaluation. As I had done consistently
during my year at the Orem store, I discussed with Mr. Curtis and Mr. Reynolds
my desire to be promoted. I also wrote
in the personal goals sections of the evaluation that I wanted to become a
Specialty Division Manager or Division 1 Co-Manager. See Cecilia Harrison’s February 10,
2000 Management Performance Appraisal, a true and correct copy hereto attached
as Exhibit C.
20. I applied for numerous Co-Manager
positions while I was in the Orem Wal-Mart.
Each position was posted over the Pipeline, Wal-Mart’s computerized
communication network. Each position
listed specific requirements…e.g. the store was seeking a Co-Manager with X
amount of years as Assistant Manager and X or above on the applicant’s last
performance evaluation. After applying
for a position over the Pipeline, the applicant’s District Manager, in my case
, Jim Curtis, had to recommend that individual in order to be considered for
the Co-Manager position.
21. I
read the requirements for each position for which I applied. I always made sure I had the requisite
evaluation rating and experience before I applied for the position. In fact, the computer system would not let
you proceed if your responses to the application questions indicated you did
not meet the posted requirements. Out of
the numerous positions for which I applied, I recall that one was in North
Carolina, one was in Michigan and one was in Massachusetts. None of the stores I applied at ever
responded to my application. Jim Curtis
did not recommend me for the Massachusetts position and I am unaware of any
positions for which Mr. Curtis did recommend me.
22. I
feel that Jim Curtis did not recommend for a Co-Manager position because I am
female. Jim Curtis promoted several
males out of the Assistant Manager position into Co-Manager positions or
provided them the needed recommendation to receive the promotions outside the
district. For example, he promoted
Assistant Managers Ted Jones and Jeffrey Robbins from the Riverdale store, Mark
Pierson from the Layton store and Pat Keen and Craig Williams from my store in
Orem.
23. District Manager Jim Curtis also hired
males with no prior Wal-Mart history from outside the company straight into
Co-Manager positions. I never saw him
hire a female into a Co-Manager position who was from outside the company. I also never saw him promote a female
Assistant Manager during my employment at Wal-Mart.
24. After two years at the Orem Wal-Mart,
approximately in the spring of 2001, I was suddenly, and without notice,
transferred to the Taylorsville store.
The transfer occurred while I was having surgery on emergency sick
leave. I never knew of any male
Assistant Managers who were transferred without discussion and without prior
notice. I asked John Reynolds why I was
transferred to the Taylorsville store.
He said he did not know and that he was not given prior notice
either.
25. Shortly after I was transferred to the
Taylorsville store, Jim Curtis’ district was restructured. Leonard Falcon became my District Manager.
26. Within about four months of my transfer
to the Taylorsville store, I had my first meeting with District Manager Leonard
Falcon. I told Mr. Falcon that I was
seeking a promotion to Co-Manager. I had
recently received another “above-standard” rating, I had a visibly good impact
on the Taylorsville store and I was now Lead Closing Assistant Manager in my
second store in Utah. Leonard Falcon
told me “Well, I just came to the district, I really don’t know you, so it will
take some time before I could promote you to Co-Manager.”
27. At first I tried not to be discouraged by
Mr. Falcon’s alleged desire to get to know me before he promoted me. I continued to apply for Co-Manager positions
for my final months at Wal-Mart. I
applied for at least six positions when I was in the Taylorsville store. Even though I met the qualifications for the
position, I was never contacted or interviewed for any of the Co-Manager
positions.
28. I did not understand why I was not
receiving job offers or even interview opportunities when I had earned the Lead
Assistant Manager position in both of my Utah stores. I felt my career advancement was stifled by
Mr. Falcon and was previously stifled by Jim Curtis. I was nothing less than mortified when I saw
the constant stream of males receiving promotions instead of me.
29. I am familiar with Wal-Mart’s Store
Manager and Co-Manager bonus program.
Co-Manager’s receive profit bonuses which are a percentage of the Store
Manager’s Store Profit Bonus. The higher the profit, the higher the bonus that
Co-Manager receives. The Co-Manager’s
bonus is typically more that $10,000.
While I was at Wal-Mart, Assistant Managers received bonuses on the same
scale as hourly associates. The highest
bonus an Assistant Manager could receive was double the share of an hourly
associate, if that Assistant Manager had an above standard evaluation. I was rated “above standard” and in my case I
never received more than a $1,500 bonus from Wal-Mart as an Assistant Manager.
30. By
the summer of 2000 I was frustrated at being denied Co-Manager positions and
frustrated from watching males from outside the company, as well as male
Assistant Managers who had never been recognized for benefiting Wal-Mart as I
had, placed in these positions. I had
never received any coachings while at Wal-Mart and my performance rating,
“exceeds expectations,” qualified me for promotions to Co-Manager
positions. I decided to terminate my
employment.
31. I lined up new employment at Cargo Link
International, a customs import company, before I terminated my employment at
Wal-Mart so that I would not have a break in employment. I was hired as a part-time employee at Cargo
Link International and began working there a couple weeks before my last day at
Wal-Mart. Within a month of ending my
employment at Wal-Mart, I was working fulltime at Cargo Link International and
running my own nail design business on the side.
32.
If I could be confident that Wal-Mart would judge me on my merit and not
by my gender, I would be willing to return to Wal-Mart as a Co-Manager. I have expressed this to Mr. Falcon and Mr.
Curtis since leaving my employment at Wal-Mart.
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
__________________ that the foregoing is true and correct.
This
Declaration was signed by me on ______________________, 2003, at
_______________________.
______________________________
Cecilia Harrison
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