BRAD SELIGMAN (SBN 083838)

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

 

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

 

NORTHERN DISTRICT OF CALIFORNIA

 

 

BETTY DUKES, PATRICIA SURGESON, CLEO PAGE, CHRISTINE KWAPNOSKI, DEBORAH GUNTER, KAREN WILLIAMSON AND EDITH ARANA, on behalf of themselves and all others similarly situated,

 

                        Plaintiff,

            vs.

WAL-MART STORES, INC.,

                        Defendant

Case No. C-01-2252 MJJ

 

DECLARATION OF JENNIFER JOHNSON IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

 

 

I, Jennifer Johnson, 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.         Prior to being hired by Wal-Mart in 1986, I graduated high school, completed two years of college, and worked for five years in a variety of retail stores as a sales associate and cashier.   I am a female.

 

3.         I was initially hired by Wal-Mart as a cashier in the Ormond Beach, FL store, but after a few months transferred to a sales associate position.  A few months later I transferred to the camera/electronics department because I had previously worked in the camera department for one of my previous employers. 

 

4.         During the course of my fifteen year career with Wal-Mart, I was promoted to Department Manager, Support Manager, Assistant Manager and ultimately Co-Manager.  However, at each level I had to wait much longer to be promoted than similarly qualified men, as described below. 

 

5.         I worked in the Ormond Beach, Cooper City, St. Augustine, Eustis, Palm Coast and Melbourne stores in Florida.  In each store that I worked in, the policies for compensation, promotion and other personnel matters were the same.  I saw the written policies posted at each store, and the substance was the same in each location I worked.

 

6.         In 1988 or 1989 the Department Manager for cameras/electronics in the Ormond Beach store, a woman named Terri, was leaving, and told me that she had recommended me for the Department Manager position.  However, she also told me that the store management had decided to give the job to a male employee, Keith, who had been employed at Wal-Mart less time than me.  After Keith died in an accident, I was then promoted to Department Manager. 

 

7.         In approximately 1989 or 1990 they had promoted a male from Support Manager to Assistant Manager.  This left the Support Manager position open. This position was not posted and I asked Store Manager Guy Pshek to make me a Support Manager. The Support Manager job is the highest level hourly position, and, based on my observation, working as a Support Manager would increase my chances of being promoted to Assistant Manager, which was my goal.  I was denied this promotion with the excuse that it was because I managed a department that required me to be available for customer service.  However, the position I sought was given to Scott Schwalback, who also managed a department, small appliances, where the manager had to be available for customer service.  After Mr. Schwalback had been promoted, I asked Mr. Pshek about the position again, pointing out that Mr. Schwalback had been permitted to be a Support Manager while working in a service department.  I was finally promoted, again later than I should have been and after similarly qualified men.

 

8.         In 1991, Mr. Pshek was promoted to District Manager in a different district.  He told me that if I was willing to relocate to a store in his district, that he would promote me to Assistant Manager, a position that I had sought for some time.  I agreed, although I knew that Scott Schwalback, Mark Melatesta, and a male named Rick had been promoted to Assistant Manager without having to switch districts.   I was transferred to the Eustis, Florida store as an hourly employee.  I worked in that store as a Department Manager for approximately five months without receiving the promotion to Assistant Manager that Mr. Pshek had promised.  Finally, I spoke with Bob Hart, Regional Vice President, about the situation, and he told me I had to wait another three to fourth months to be promoted to Assistant Manager.  I was finally promoted in February 1992.  Both Scott Schwalback and  Rick (a Department Manager in Furniture) became Department Managers after I had, since I had worked for Wal-Mart for longer, but they were both promoted to Assistant Manager positions before I was.   Thus, I worked much longer as a Department Manager before being promoted to Assistant Manager than similarly qualified men had.

 

9.         When I was promoted to Assistant Manager I relocated to Ft. Lauderdale, FL  to work in store 1845 in Cooper City, FL.   

 

10.       While I was an Assistant Manager I regularly asked Dan Erwin, Store Manager, and later, Brad Bower, Store Manager after Mr. Erwin,  about promotion to Co-Manager. Mr. Bower referred me to Steve Leake,  District Manager .

 

11.       In 1996 I was told by Anne Morrow, Co-Manager, that if I made a lateral move within the store to the Assistant Manager responsible for the front end, and was able to successfully resolve some problems there, that I would be promoted to Co-Manager.  I agreed, and successfully fixed the problems, but was not promoted.  Instead I was moved laterally through softlines, store set ups, and then night manager.

 

12.       I was told by District Manager Steve Leake that doing store set ups, which meant working to set up a newly built store instead of working in my regularly assigned store, would lead to a promotion to Co-Manager.  When I completed the store set up, which required that a commute of 100 miles round trip for six weeks, I asked Mr. Leake about the promotion to Co-Manager.  Mr. Leake said he wanted to place me in a position on the District staff instead.  When I said that I really wanted a Co-Manager position, not a lateral move to a staff job, Mr. Leake told my Store Manager, who was also present during this conversation, to “do whatever you want with her.”  I was then assigned to the night shift, which is the least popular.  Although Co-Manager positions were not posted, I heard, through word of mouth, of at least one vacancy for Co-Manager, in the Port Orange store, during the time that I was seeking promotion to Co-Manager.  I was denied that position.

 

13.       After nine months on the night shift, I spoke to Regional Vice President Arthur Emmanuel in June 1998.  Mr. Emmanuel met with me, District Manager Leake and Store Manager Brad Bower.  Mr. Emmanuel asked Mr. Leake and Mr. Bower if I was ready for promotion to Co-Manager, and they acknowledged that I was.  In July 1998 I was promoted to Co-Manager in the St. Augustine store.

 

14.       All Co-Managers are supposed to be paid the same base salary.  However, while I was a co-manager in the St. Augustine store with a salary of $39,254.22.  I learned that Mr. Greg Antl, a co-manager in the same store, was being paid a few thousand dollars more.

 

15.       Shortly after I was promoted to Co-Manager, one of the male Assistant Managers who reported to me was disrespectful and avoided doing work I assigned him.  I spoke to my Store Manager Kevin Robinson about it.  He told me that the man was upset that I had been promoted instead of him, and said “you have two strikes against you: 1) you’re a woman; 2) you’re black.”

 

16.       While I was a Assistant Manager at the Cooper City, Fl, store I recommended three people for promotion to Assistant Manager in training positions, all during the same time period.  Two individuals I recommended were men, Clive Provost-Heron and Adrian, and they were promoted immediately.  The third person I recommended for promotion was a woman, Pat, (I think her last name was Jennings), and she was not promoted until a year later. 

 

            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 Florida that the foregoing is true and correct.

 

           

This Declaration was signed by me on March ____ 2003, at Daytona Beach, Florida.

 

                                                                                    ______________________________

                                                                                                Jennifer Johnson