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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, Frances
Jackson, 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.
2. I am female. I have been employed at a
Wal-Mart store in Aberdeen, North Carolina for fifteen years, from July 1987
through the present.
3.
Wal-Mart hired me as a stock clerk and soon after
transferred me to the
Electronics Department as a Sales
Associate. In 1989, I was promoted to Department Manager of Electronics. Since
then, I have also worked in the following departments as a Department Manager:
Sporting Goods, Photo, Pets, and Furniture.
4.
In 1992, Wal-Mart established the position of Zone
Manager in my store. The
Zone Manager position was an hourly
position that took the place of the existing Department Manager positions. I signed up to interview for this position.
Instead of formally interviewing me, Assistant Manager Leroy Townsend spoke
with me briefly on the floor about the position. Mr. Townsend questioned my ability
to do the job because of my husband’s health, since he had recently had a heart
attack. Although I was already a
Department Manager, I was not selected for the Zone Manager position. I learned
from Roberta Helin, a Personnel Manager, that Mr.
Townsend refused to promote me because
of my husband’s health. A man named Roger (last name unknown) received the
position of Zone Manager for Electronics. Because of the restructuring of
positions, I was demoted to a stock clerk until additional Zone Manager
openings became available.
5. In 1998, I learned that Julius Ford, a male
Sporting Goods Department Manager who I had trained, had received a $3.00 an
hour merit increase. I learned this from Tonya Spencer, who had been working in
the cash office at the time and had access to payroll information. I spoke with
Store Manager Jay Gomez to find out if this was true, and he neither confirmed
nor denied it. I then spoke with District Manager David Norman and he told me
he would investigate the matter. The next day when I returned to work, I was
given a $1.00 an hour merit increase. All of my other merit increases, before
and after this occurrence, were increases of $0.50 - $0.75 an hour.
6. In approximately 1996, I began talking to
management about my interest in the Management Training program. I expressed my
interest to Store Manager Gomez, who told me there were no openings. Two weeks after my conversation with Mr.
Gomez, a man who worked in store security named Al (last name unknown) was
selected for the program. Mr. Gomez did not tell me any additional information
regarding the Management Training Program.
7. In approximately 1998, I learned that Jamie
Jenkins, a male employee who had worked for Wal-Mart as a cart pusher and
lay-away runner for one year, had been promoted to Assistant Manager. The
Assistant Manager position was not posted and I had no opportunity to apply for
the position. Jamie was promoted over the weekend. I asked my Store Manager,
John Furner, why a cart pusher and lay-away runner was
made Assistant Manager ahead of more qualified associates. He responded by
telling me that Mr. Jenkins was the only one qualified for the job and that he
needed an Assistant Manager that same day.
8. In 1999, I spoke with my Assistant Manager,
Portia Conway, about the Management Training Program. She encouraged me pursue this goal. I later
asked Store Manager Brian Barnett about the possibility of entering the
Management Training program and staying in the Aberdeen store. Mr. Barnett told me that the option for
staying in the store while undergoing training no longer existed as it had for
Jamie Jenkins and Al (last name unknown).
9. In 2000, I spoke with my District Manager,
Terry Branton (male), about my interest in entering
the Management Training Program. Mr. Branton informed
me that in order to participate, I would have to relocate to Cheraw, South
Carolina. The relocation policy for Management Training and other management
positions has hindered my ability to advance within the Company. Because I am raising my grandchildren and
caring for my husband, it is extremely difficult for me to relocate. I am
interested in management opportunities but am unable to pursue those that
require relocation due to my family situation.
I believe the policy is discriminatory toward women because men in my
store were allowed to train for management without having to relocate.
10. At my
store, the male managers are in a clique. They golf together and socialize in
the store during breaks. In contrast, when I began having lunch with Co-Manager
Gloria Williams, District Manager Branton told me I
was not allowed to socialize with her because it violates the Company’s
fraternization policy.
11. Within
the past year I observed Josh (last name
unknown), a male sales associate who
only worked for Wal-Mart for one year, get promoted to first to Department
Manager and then to Support
Manager. Josh was pre-selected for the
Support Manager position: he was asked to perform the duties of a Support
Manager even before anyone was interviewed.
I have worked for Wal-Mart for 15 years and have been unable to advance
at this rate because of my managers’ discriminatory bias against women.
I declare under penalty of perjury
of the laws of the United States and of North Carolina that the foregoing is
true and correct. I signed this on the ____ of April, 2003 in North Carolina.
_________________________________
Frances Jackson