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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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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)
581-8922 Facsimile: (415) 557-7895 |
UNITED STATES DISTRICT COURT
I, Lucretia Johnson, declare:
1.
I am a woman and a current Sam’s Club employee.
2.
I began working at the Sam’s Club in Concord,California in August 1993. Although I consistently expressed interest in
being promoted into management, I was not offered a salaried management
position until June 2002, a year after this lawsuit was filed and almost nine
years after I began working for Sam’s Club.
At that time, I was promoted to Front End Area Manager, the position I
currently hold.
3.
Between 1993 and my promotion to Front End Area Manager in June 2002, I
held the following positions: Cashier, Check Out Supervisor, Membership Desk
Employee, Outside Sales, Marketing and Membership Team Leader, and Advantage
Coordinator. I have always worked in the
areas of the store known as “operations” and the “front end”. I have never been
offered a position in another area of the store, such as receiving or the
merchandise areas.
4.
In February 1994, I received my six-month evaluation. I wrote on the evaluation that my career goal
was “to learn more about the company where it would benefit me to move up in
the company. I would like to learn each
department to have the knowledge to benefit myself and grow with the company.” A true and correct copy of that evaluation is
attached hereto as Exhibit A.
5.
In July 1994, I received my first annual evaluation. I wrote on the evaluation that I “would like
to be trained to advance within our company” and my goal “ is to learn as much
as I can about the warehouse business to guide me to a management position.” A
true and correct copy of that evaluation is attached hereto as Exhibit B.
6.
In July 1995, I received my second annual evaluation. In the section entitled “career goals,” I
wrote that I wanted “to be able to grow within the company.” A true and correct copy of that evaluation is
attached hereto as Exhibit C.
7.
In July 1997, I received my fourth annual evaluation. I wrote on the evaluation that my career goal
“is to grow within the company as a lead person and to develop my skill.” A true and correct copy of that evaluation is
attached hereto as Exhibit D.
8.
In July 1998, I received my fifth annual evaluation. In the section entitled career goals, my
supervisor, Angela Putnam wrote, “Lucretia would like to master her new current
position and then work her way to the next level which is management.” A true and correct copy of that evaluation is
attached hereto as Exhibit E.
9.
In September 2000, I received my seventh annual evaluation. I wrote on the evaluation that I wanted to
“enroll in the MIT program for management” and “continue to develop skills that
would help me to become an operation manager.”
A true and correct copy of that evaluation is attached hereto as Exhibit
F.
10.
In July 2001, I received my eighth annual evaluation. I wrote on the evaluation that I wanted to “develop my skills and job
knowledge that would lead me in a management position.” A true and correct copy of that evaluation is
attached hereto as Exhibit G.
11.
Despite my repeated expression of interest in promotion into management,
I was never told how I could apply for the Management Training Program. I never saw or heard about any applications. On one occasion, General Manager George
Cunningham told me that I would never be promoted into management, but did not
tell me why. On other occasions, my
managers told me that I needed to get more experience, but did not tell me what
experience I needed or give me a timeline.
It was very discouraging to continually express interest in a management
position, but not get promoted for so many years.
12. While I was working at the Membership Desk, my supervisor was
a woman named Angela Putnam. Ms. Putnam
promoted me to the position of Marketing and Membership Team Leader. Ms. Putnam was a very good supervisor and
mentor who encouraged me in my goal of getting promoted. Ms. Putnam referred to Sam’s Club as a “boy’s
club” and told me that, as a woman, she had to fight to get promoted and that I
would, too. Ms. Putnam no longer works
at the Concord Sam’s Club. Apart from
Ms. Putnam, I have not received encouragement and mentorship from my
supervisors.
13. In June 2002, I was
promoted to the position of Front End Area Manager. The position became open when the Front End
Area Manager Neville Boston left the Club.
I told General Manager Alan Oshier that I was interested in the
position. About three or four months
after Mr. Boston left, Mr. Oshier told me that I had been selected for the
position. I had not applied for the position
or been interviewed for the position. I
believe that I was promoted only because this lawsuit was filed and Sam’s Club
wanted to increase the number of women in management at the Concord store.
14.
In January 2003, there was a notice posted in the store, soliciting
interest in the Management Training Program.
I told Director of Operations Ross LaDeaux that I was interested in the
Management Training Program. Mr. LaDeaux
told me that I did not have to sign up on the posting because he already knew
that I was interested and I was being considered. I have not been interviewed or heard anything
further.
15. I do not know how long I must
work as a Front End Area Manager or whether I have to become Receiving Area
Manager in order to get promoted into the Management Training Program. When the Receiving Area Manager position
opened up a few months ago, I told General Manager Alan Oshier that I was
interested in the position. Mr. Oshier
told me that I needed to spend more time as Front End Area Manager. I later spoke to General Manager Theresa
Hagensen about what I had to do to get promoted into the Management Training
Program. Ms. Hagensen suggested that I
transfer to the Receiving Area Manager position. When I received my annual evaluation in February
2003, I asked Director of Operations Russ LaDeaux whether I had to work as
Receiving Area Manager in order to be promoted.
Mr. LaDeaux told me that I can be promoted without being Receiving Area
Manager.
16.
I learned that Wal-Mart Stores, Inc. stated, in response to an
Interrogatory propounded in this case, that General Manager Alan Oshier and
Assistant Manager Brian Lothamer do not believe that I am qualified for the
Management Training Program because I have poor people skills. I find that ironic because Mr. Lothamer and
Mr. Oshier have poor people skills, but have been allowed to advance into
management. When I worked under the
supervision of Mr. Lothamer, he routinely yelled at me, belittled me, and put
me down in front of other employees. I
had similar experiences with Mr. Oshier.
Mr. Oshier told me that he was taking anger management classes and
thanked me for praying for him.
17. I have worked under class member
declarant Nancy Hom’s supervision. I
never experienced any difficulties working with Ms. Hom. I have worked with Named Plaintiff Christine
Kwapnoski. I never had any difficulty
working with Ms. Kwapnoski.
18. Neither Mr.
Lothamer, nor Mr. Oshier, nor any other Sam’s Club manager has ever told me
that I am ineligible to advance beyond the position of Front End Area Manager
because of my supposed problems with people skills.
19. 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
California that the foregoing is true and correct.
This
Declaration was signed by me on ______________________ (month, day), 2003, at
_______________________ (city, state).
______________________________