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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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SHEILA
Y. THOMAS (SBN 161403) 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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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 |
DEBRA
GARDNER PUBLIC
JUSTICE CENTER 500
East Lexington Street Baltimore,
MD 21202 Telephone: (410) 625-9409 Facsimile: (410) 625-9423 |
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SHAUNA
MARSHALL (SBN 90641) HASTINGS
COLLEGE OF THE LAW 200
McAllister Street San Francisco, CA 94102 Telephone: (415)
565-4685 Facsimile: (415) 626-2860 Attorneys for Plaintiffs |
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UNITED STATES DISTRICT COURT
I, Claudia Renati, 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. In
1993, I began working in a Pace Store in Roseville, CA that was bought soon
after by Sam’s Club. In 1994, while I
was Marketing Membership Team Leader, the Regional Sales Manager Ken Elton left
and I became responsible for running the region and doing all the ads and
marketing programs. I completed all the
tasks of a Regional Sales Manager for two years without the proper title or
pay. When I asked Director of Operations
Bob Alderman to promote me to this position, he refused because I had not gone
through the management training program.
When I asked about getting into the program, he told me that I would
have to be willing to sell my house and move to Alaska. It seemed remarkable to me that the only way
for me to obtain management training was to relocate to Alaska since there were
many Sam’s Clubs in California. I told
him that I could not relocate to Alaska.
Shortly thereafter, Mr. Alderman hired his neighbor, Michael Hasley to
be the Marketing Manager. Mr. Hasley had
no managerial experience and had not gone through the management training
program. Mr. Hasley was hired to be my
supervisor yet I was responsible for training him.
3. By 1995, I had trained 10 associates in my area and was responsible for supervising 24 employees. I consistently spoke with General Manager Lovina Kirkpatrick about moving into other positions such as claims in order to improve my opportunities for promotions. Ms. Kirkpatrick was unresponsive. That same year, Mr. Hasley (Alderman’s neighbor) left the Marketing Manager position. I again asked Mr. Alderman about moving into this position or into management training. Mr. Alderman told me that the position had been filled. He had hired another neighbor, a male, Kirby Jessen who was trained as a Microbiologist. He also had no management experience and had not gone through the management training program. Once again, I had to train a man who was hired to be my supervisor. Mr. Jessen quit one year later because he was unable to handle the responsibilities.
//
4. I
continued to inquire to Ms. Kirkpatrick and the new Director of Operations Phil
Goodwin about opportunities to attend training classes in order to assist in my
chances of getting promoted. Mr. Goodwin
and Ms. Kirkpatrick told me that training classes were only available for
managers.
5. Throughout
my career with Sam’s Club, I always received “Above Standard” or “Exceptional”
ratings on my evaluations and I continually expressed my interest in career
advancement and the MIT program in my evaluations.
6. By
2000, I had trained almost 20 managers in Marketing, all of whom were male, and
many of whom never went through the management training program nor were never
required to relocate. Some of the men I
observed who got into management or the management training program without
having to relocate were: Dan Dugger—started as a Meat Cutter in my store later
than I did and is now a General Manager; Dennis Costa—promoted to Meat and
Bakery Manager; Mike Medina—promoted to Bakery Manager; Ed Walker—promoted to
General Manager; Rick Biegacki—promoted from Floor Team Leader to General
Manager; Matt Johnson—promoted to Merchandise Manager; Larry Monroe—promoted
from Team Leader to Merchandise Manager; Chad Hague—promoted from Floor Team
Leader and is now Center Floor Manager.
Even so, I continued to express an interest in advancing into management
and was eager to learn all I could in order to increase my chances of
promotion.
7. In
2000 while still Marketing Team Leader, I was out for six weeks getting knee
surgery. While I was out, Ms.
Kirkpatrick and Regional Sales Manager Theresa Hagensen called to tell me that
they were combining marketing departments and getting rid of my position. I asked about becoming Manager of the
department that was being created but they told me that the position had been
given to a male, Larry Turner. I was
told I could return only as a Cashier, Meat Wrapper, Cart Runner or
Telemarketer. I chose Meat Wrapper. Later that year, I was out sick for a few
days due to a cold. When I returned,
Meat Manager Jim Ross and Ms. Kirkpatrick informed me they had hired a young
male, Rusty Ocheltree, to replace me as Meat Wrapper and that they were moving
me to the Membership Desk. I discovered
that my supervisor at the Membership Desk was someone whom I had previously
supervised for six years. I was
extremely frustrated at the way I had been treated at Sam’s Club, particular
regarding career advancement. In
September 2000, I left Sam’s Club and noted in my Exit Interview that it was
due to a lack of promotional opportunities.
8. In
May 2001, Ms. Kirkpatrick contacted me and asked me to return to Sam’s Club to
sell credit at the Membership Desk. I
specifically inquired about opportunities for future advancement, making it clear
that this was a condition for my return.
She assured me that, with my experience, I would definitely be given
opportunities for promotion. I returned
in June 2001 to sell credit.
9. In
early 2002, I applied for a position for Photo Manager. I did not receive an interview and a male,
Brett [last name unknown], who had no management experience and who had only
been with Sam’s Club for six months as a Cashier, got the position. A few months later, Brett left and the
position came open again. The position
was not posted. I spoke with Assistant
Manager over the Photo Department Michael Hasley (Director of Operations Bob
Alderman’s neighbor who had originally been hired as Marketing Manager and who
had since been promoted) about this position and he told me I was qualified and
he offered me the position. About one
month later, a male [name unknown], who transferred from another Sam’s Club,
was given the position. I spoke with Mr.
Hasley about why I didn’t get the position and he told me it was up to the
General Manager. I spoke with Ms.
Kirkpatrick and she just told me that the position had been filled.
10. I
spoke with Director of Operations Phil Goodwin again about my desire to move
into management and the fact that I had spent nine years working at Sam’s Club
with little advancement. All of my
evaluations (including those before I left in 2000 and after my return in 2001)
were excellent. I had also never
received any coachings. Mr. Goodwin then
asked me if I could stack 50-pound bags of dog food. When I told him I could not repeatedly lift
50 pounds, he told me there was nothing he could do for me because, before I
could become a manager, I would have to be Floor Team Leader and that requires
stacking 50-pound bags of dog food. I
know of several males, including Mr. Hasley and Mr. Jensen who never had to
become Floor Team Leader and stack 50-pound bags of dog food before going into
management. I had also never seen any
written job description with this lifting requirement nor do I believe that one
exists. I believe that this was an
excuse for keeping me from advancing.
11.
In April 2002, after repeated
attempts to move up at Sam’s Club, I again spoke with Ms. Kirkpatrick about
career advancement. In that
conversation, she conceded that it was unlikely that I was going to advance in
my career at Sam’s Club. I tried to
speak with her again a month later but she stated she was too busy. I left Sam’s Club in August 2002 and made it
clear that I was leaving Sam’s Club due to a lack of promotional
opportunities. Attached hereto as
Exhibit A is a true and correct copy of my Exit Interview dated August 28,
2002.
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 _______________________.
_____________________________________
Claudia Renati