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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,
Joanne Jaso, 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 have been employed by Wal-Mart Inc. in California since April 1996. I am female.
3. When I began working for Wal-Mart, my goal was to eventually become an Assistant Manager.
4. I am a single mother. When I first began working for Wal-Mart, I made approximately $11,220 per year and, seven years later, I now make approximately $25,000 per year. It has been very difficult to support my two children on the salary I make working for Wal-Mart. In February 2001, I could no longer support my family on my salary so I took a second full-time job. This second job provided insurance for my family, as I could not afford Wal-Mart’s health insurance and had been uninsured since I began working for Wal-Mart in 1996. In February 2002, I was diagnosed with stress-related illnesses and was forced to quit the second job.
5. From 1998 to 2001, I worked every weekend even though I was an hourly associate. I also worked overnights for that entire period. I thought that Wal-Mart would recognize my commitment to the job if I worked these hours.
6. I have observed a great amount of gender segregation in jobs at the two Wal-Mart stores I have worked in. Women tend to work in Cosmetics and Health and Beauty Aids. The Garden Center employees are almost exclusively male with the exception of the cashiers. In the store where I currently work in Bakersfield, California there are only two women that hold management positions above support manager: Assistant Manager Tina Hernandez, and Assistant Manager Davlin Barrera. Assistant Managers Hernandez and Barrera both transferred into the store. I have never seen a female store manager.
7. I was hired by Wal-Mart as an overnight stocker in a Bakersfield, California store. In approximately December 1996, I transferred to a different Wal-Mart store in Bakersfield, California and took a position as a processor. In February 1997, I became a cashier.
8. In approximately September 1997, Customer Service Manager Carly Griswold asked me if I wanted her position because she was stepping down. The position was not posted and I did not apply for it. I took the position and held it for three years until 2001. In this position, I supervised cashiers and was responsible for the front end of the store. I was never disciplined and my performance evaluations were always either ‘meets expectations’ or ‘exceeds expectations.’ (Attached hereto is a true and accurate copy of 1999 Performance Evaluation as Jaso Exhibit A). I received several merit raises. In April 2000 I was recognized for “above and beyond performance.” The commendation stated: “[Joanne] displayed ownership in her area with great leadership.” (Attached hereto is a true and accurate copy of Associate’s Commendation Form as Jaso Exhibit B).
9. I have applied for at least ten department manager and support manager positions from 1998 to 2002. Store Manager Oscar Cuevas told us in employee meetings that everyone who applies for these positions would be interviewed, yet I have been interviewed for only four or five of these positions.
10. In approximately 1998, I applied for an Electronics Department Manager position. Store Manager Cuevas told me that he already had two men selected for the position because the department carries a lot of responsibility and he did not think I could handle it. He added that the position was a man’s job and requires a lot of heavy lifting.
11. In approximately 1998, I applied for a support manager position. I was not interviewed. A man, Charles Bristow, was selected for the position. I asked Store Manager Cuevas why I was not considered for the position. He replied that I did not have enough merchandizing experience to be a Department Manager or Support Manager. At this time I had been working in the front end for about one year and I believed that I had gained considerable merchandizing experience. Store Manager Cuevas also told me that to be a Support Manager, you had to first be a Department Manager. Before his promotion to Support Manager, Charles Bristow had been a Receiving Manager for approximately one month. Receiving Manager is not a Department Manager position.
12. In approximately 1998, I went on the pipeline, Wal-Mart’s intranet, looking for different opportunities that Wal-Mart offered. I saw reference to a Manager Training program. I had never seen a posting for a manager training position. I told Store Manager Cuevas that I was interested in the Manager Training program. He responded that I did not have enough merchandizing experience.
13. In approximately 1998, I applied for a Department Manager of Furniture position. I was not interviewed for that position. It was given to a male cashier that I had supervised.
14. In approximately May 2001, I applied for a support manager position. Robert Morning, who had worked for Wal-Mart as a Receiving Manager for only a few months, was promoted to Support Manager without first holding a department manager position.
15. In approximately 2002, I applied for a furniture department manager position. Several times I asked Assistant Manager Craig Beemer when I would be interviewed. He repeatedly responded that I would be interviewed soon. I was never interviewed for the position and when I asked Assistant Manager Beemer why, he responded that he had based his decision on a previous interview. I had not been interviewed in approximately three years.
17. In November 2002, after six years of experience with Wal-Mart, I was finally promoted to Department Manager of Boys Wear. This is an hourly position. I have no confidence that I will ever reach my goal of becoming Assistant Manager.
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18.
In
early 2003, I saw that for the first time in my six years at Wal-Mart, Wal-Mart
was offering an opportunity to apply for manager training. However, I was on medical leave for the seven
days during which an application could be made.
I missed my opportunity and I have not been told if or when Wal-Mart
will accept applications for the Manager Training program again. I remain interested in joining the Manager
Training program at Wal-Mart and if given the opportunity would readily enter a
training program.
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 _______________________.
______________________________