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, 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 KATHLEEN SCHMEIDA IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

 

 

 

 

 

 

                                                                           

I, Kathleen Schmeida, 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 am female. I worked at three Wal-Mart stores in Ohio from 1998 through 2001.  In all three stores, I noticed that the policies and practices regarding hiring, training, and discipline were the same.

            3.         I began working at Wal-Mart in Macedonia, Ohio, on May 23, 1998 as an Assistant Manager. Throughout my time at the Macedonia store, I told my Store Manager, Rodney Bowden, that I was interested in learning how to make myself promotable because my goal was to become a Store Manager. In response to my question, Store Manager Bowden told me that in order to advance I would have to relocate to another state. He also told me that any additional information on training for advancing within the Company was “available on a need-to-know basis” and that I did not need to know. 

4.         In June of 1999, District Manager Paul Beno transferred me to the Streetsboro, Ohio Wal-Mart.  While at the Streetsboro store I continued expressing my interest in advancing within the Company, and even wrote my goal of becoming Store or Co-Manager on my annual performance evaluation. A true and correct copy is attached hereto as Exhibit A. I spoke with Store Manager Franklin Cottrill about my goals but never received the additional training I needed in order to be considered for Co-Manager and Store Manager positions. It was common, however, for Store Manager Cottrill to provide on-the-job mentoring and computer training to male Assistant Managers such as Glenn Fry and Jim (last name unknown).  I was not given the opportunity to participate in these informal mentoring sessions.

5.         In May 2000, District Manager Paul Beno transferred me again to the Wal-Mart in Stow, Ohio.  I requested additional training and information about being promoted to Store Manager from my Store Manager Scott Bernard but he never followed up with me.

6.         In May 2001, I terminated my employment with Wal-Mart because I was dissatisfied with promotion opportunities.

 

I declare under the penalty of perjury of the laws of the United States and State of Ohio that the foregoing is true and correct.

This Declaration was signed by me on the  ______ of April, 2003, in Ohio.

                                                           

                                                                        _____________________________________

                                                                                                Kathleen Schmeida