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 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
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, 20^th 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 GAIL LOVEJOY IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

I, Gail Lovejoy, declare:

1. I am female and reside in Florida. I have been an employee of Wal-Mart, Inc. for over 14 years, have worked at a Wal-Mart store and currently work at a Sam’s Club.

2. I first went to work at a Wal-Mart store in Brooksville, Florida, in August 1988. I started out in receiving and helped open this as a new store. Shortly after the opening, I was moved to Claims as a clerk, where I worked for about a year. After some other short-term assignments, I was put in the Cash office where I worked for about six months. By this point I had been with Wal-Mart for about two years.

3. Sometime in 1991, I told Julie [last name unknown], the Store Manager, that I wanted to be an Assistant Manager. She told me that I would have to work as a Department Manager first, but there were no Department Manager positions open at the time. Within a few weeks, I was made Customer Service Manager and, approximately five months later, I was made Department Manager in Toys. By this time, Rick Watkins was the Store Manager.

4. I stayed in that job for about two years but never heard anything further about promotion to Assistant Manager, despite the fact that I continued to indicate my interest in becoming an Assistant Manager. Over a period of approximately six months, in 1991 and early 1992, I reminded Rick Watkins that I was interested in what they then called “the program,” which was a management training program that lead to promotion to Assistant Manager. He always told me he would talk with the District Manager about my interest, but I never heard anything further or received any guidance or information about how to pursue promotion. I knew of no other way to express my interest in moving into management as there was no other way to apply for the program. Eventually, I concluded that I would never get a promotion.

5. In 1993, a new Sam’s Club opened in New Port Richey, Florida. I requested a transfer, worked in receiving until shortly before the store opened, and have worked in Claims ever since.

6. Sometime in 1995, an overnight supervisor position opened up, and I spoke with Jeff Williams, who I think was an Area Manager at the time, about my interest in that job. He told me that I could not have the job because I had children and because I would be the only female locked in the store overnight with a male crew.

7. I have always had good evaluations and have never been disciplined at work.

8. At the Sam’s Club where I work, almost everyone who works in Crafts, Lingerie, Clothing, Pets and Health and Beauty Aids is female. Almost everyone who works in Automotive, Sporting Goods, and Groceries is male. During the ten years I have been there, all but two of the Team Leaders (hourly supervisors), all but three of the Area Managers, and all but three of the Assistant Managers have been male. In all the years I have worked there, there has never been a female General Manager.

9. When I first started at Wal-Mart in 1988, I was making $4.00 an hour. By the time I transferred to Sam’s in 1993, I was making only $7.45 an hour. When I started at Sam’s, the General Manager, Allen Ashmore, gave me a $.50 merit raise to $7.95. He told me that brand new employees were starting at $6.00 an hour at that time and that I should be making more than $1.45 more than them with my five years of experience. Today I make $12.65 after nearly fifteen years with the company.

10. In January 2003 I saw a poster for a Manager in Training Program (MIT) to become an Assistant Manager, and I applied. In my 14 years with Wal-Mart, I had never seen a similar posting. There had never been a previous opportunity like this to apply for the management training or for a position of Assistant Manager.

11. On March 10, 2003, I was told that I would have an interview on March 11 with the Director of Operations, Mike Peel, for a position in MIT. Although I was cordially welcomed, his first question to me was whether I was willing to work weekends and holidays. He also asked me, very early in the interview, whether I would be willing to move if a promotion took me more than an hour away from home. He told me that the Assistant Manager job would involve working 55 hours a week for a maximum salary of $31,000 a year. He did not tell me how much I could expect to make as a General Manager of a Sam’s Club. He did not talk about the number of Sam’s Clubs that are planned to be opened within the next few years and the number of General Managers that will be required for the new clubs and due to attrition. He did not tell me that relocation might not be required, especially with the number of new clubs opening. He did not ask me about the fact that I am currently working towards a college degree, even though I had put that on my application.

12. When I indicated that I thought the salary was too low for the long hours, Mr. Peel asked if I would be interested in an Area Manager position instead. He told me that an Area Manager works only 45 hours a week but that the maximum salary for Area Manager is $29,000 a year. Three days later, two female friends and I were talking with the current Area Manager for receiving, Marley Bunker, and he told us that his current salary is $35,000.

13. On March 14, 2003, Bob Gleghorn, the General Manager, told me that Mr. Peel must have been mistaken about the maximum salary for Area Managers and that he thought it was $35,000.

14. On March 27, 2003, Mr. Peel visited our store and told me that I was not being selected for MIT but that he would keep me in mind for an Area Manager position. He said the reason I was not selected was because I thought the hours were too long for the salary. If he had explained the advancement opportunities to me at the interview, and what I might be able to make if I ever got a General Manager position, I would not have felt so negative about the MIT position.

15. 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 ______________________, 2003, at _______________________.

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