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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,
Elizabeth Monroe, 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 began working at a Wal-Mart Store in
Aberdeen, North Carolina in 1996 as a sales associate in Electronics making
$5.75 an hour working full-time. My
annual salary was approximately $11,900.
Prior to my hire at Wal-Mart, I spent 16 years as the owner and manager
of a retail store. I discussed this
previous experience during my initial interview with Personnel Manager Vicki
Black and Training Coordinator Diana [last name unknown]. I later discovered that certain male cart
pushers, some still in high school, had been hired at over $6.00 an hour. I had been told that I could be fired for
discussing salary issues so I did not mention this information to anyone.
3. I
have been in the same position in the same store for almost seven years and
currently make $10.05. My annual salary
is approximately $20,900. My evaluations
have consistently been rated either ”Meets Expectations” or ”Exceeds
Expectations” and I have received no disciplinary action in my time as a
Wal-Mart employee.
4. In September 2000, my Department Manager
Frances Jackson told me she had requested a merit raise for me because of my
hard work in Electronics. At that time,
Store Manager Brady Rowland agreed that I deserved this raise but I did not
receive the increase.
5. In February or March 2001, I still had
not received my merit raise and I asked Mr. Rowland about it. He responded that he needed more time to
observe my performance. I reminded him
that he had previously approved the raise when the department manager,
who observed my hard work first hand, had recommended it. Store Manager Rowland did not respond.
6. In April 2001, I still had not received
my merit raise. Ms. Jackson spoke with
Mr. Rowland again and I understood that it would be taken care of. Over the next several months, I also spoke
with District Manager Richard Hinkebein, and two Co-Managers about the merit
raise but received no response.
7. In June 2001, District Manager Hinkebein
was walking the store and Mr. Rowland told him that I was the person taking
care of the whole Electronics Department while the department manager was out
on leave. I told both Richard and Mr.
Rowland that I would appreciate my merit raise even more than verbal
praise. Richard gave me a “good job” pin
but not the promised raise. During my
June 2001 evaluation, I made it clear that I was still “looking forward [to my]
merit (pay) [raise].” Attached hereto as
Exhibit A is a true and correct copy of my Performance Appraisal dated June 1,
2001.
8. In July 2001, I was honored at a morning
meeting for five years of excellent service at Wal-Mart. I received a plaque and a five-year pin. I still had not received my promised merit
raise. I was making $8.64 an hour. At that same meeting, a male employee who had
worked at Wal-Mart for only a few months, Joshua Neiber, was honored as
Employee of the Month and received both a bonus and a raise. At this time, I raised my hand and asked what
the qualifications were for this award.
Mr. Rowland responded that one must go beyond the call of duty. I then stated that working in a department by
myself for over a month with no department manager and no assistance should
qualify. Several of my co-workers
applauded at that time. Mr. Rowland and
Co-Manager Gloria Williams then pulled me aside and Mr. Rowland told me that I
was acting inappropriately. Later that
day, I was finally given my merit raise beginning in August 2001, almost one
year after it was originally promised.
The raise was not retroactive.
9. I observed that men and women in my store
who were interested in management training were treated differently. I know of at least two women, my
sister-in-law Vivian Monroe and Barbara Gant, who were relocated to
Fayetteville, North Carolina to complete management training. On the other hand, I know of at least two
men, Jaime Jenkins and Julius Fore, who were hourly employees in the Aberdeen,
North Carolina Wal-Mart Store and who were allowed to train and become
assistant managers in the same store. In
contrast, Frances Jackson and Patricia Monroe were not allowed to train in the
Aberdeen Wal-Mart Store. They have
remained hourly associates. I also
observed that Mr. Jenkins moved from an hourly position to becoming a
co-manager within the Aberdeen store in just a couple of years. This was significantly faster than either
Vivian Monroe or Barbara Gant.
//
I declare under penalty of perjury of the laws of the United States and State of North Carolina that the foregoing is true and correct.
This Declaration was signed
by me on ______________________, 2003, at Marston, North Carolina.
_____________________________________
Elizabeth Monroe