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

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 BARBARA STEELE

IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

 

 

I, Barbara Steele, declare:

1.                  I am a woman and a former employee of Wal-Mart.  I reside in Arizona.

2.                  I worked for Wal-Mart for 16 years as an hourly employee, an Assistant Manager, a Co-Manager, and a Store Manager.  I held field management positions in several different states.

3.                  I was hired in 1986 as an hourly employee at a Wal-Mart in Carthage, Missouri.  Within a year and a half, I had been promoted to Department Manager and then to Support Manager.  In approximately 1988, Store Manager Lou Amato asked me what my career goals were, and I told him I was interested in a management position.  Mr. Amato told me that the District Manager's approval was required for me to join the Management Training Program, and he told me that he would recommend me to District Manager Dave Simpson.  My co-worker Sherrie Lambeth also expressed interest in management during the same conversation, and Mr. Amato said he would recommend her also.  I also expressed my interest in management on my 1988 performance evaluation, on which I received an above-standard rating: “My goal is ... to advance myself to the highest possible position.”  (True and correct copy attached hereto as Steele Exhibit A.)

4.                  During the next year, Ms. Lambeth and I tried to arrange interviews with Mr. Simpson whenever he was in the store, but he was completely unresponsive.  In autumn 1989, I asked Mr. Amato why my promotion was being delayed, and he told me that Mr. Simpson refused to recommend me or Ms. Lambeth for the Management Training Program because he did not believe women should have management positions.

5.                  In October 1989, I was finally promoted into the Management Training Program by District Manager Jim Lund.  Mr. Amato and Mr. Lund both told me that managers were required to be available to relocate anywhere in the country.  I expressed my availability to work anywhere Wal-Mart needed managers.

6.                  I was assigned to a store in Joplin, Missouri, for management training.  When my training was complete, I again told District Manager Lund that I was willing to move my residence if necessary for an Assistant Manager assignment.  Shortly thereafter, Regional Personnel Manager Marie Hughes offered me a position as Assistant Manager at a store in Atascocita, Texas, which I accepted.

7.                  I worked as an Assistant Manager at the Atascocita store for two years, and was then transferred in 1992 to a store in Porter, Texas, where I worked another year as an Assistant Manager.  By this time, I had been an Assistant Manager for three years, and I was becoming concerned that I would not be promoted to Store Manager, despite my positive evaluations and hard work.

8.                  I called Regional Personnel Manager Hughes to tell her my career felt stalled.  Ms. Hughes suggested that I take an assignment as Assistant Manager at a “problem store” in Silver City, New Mexico.  I then spoke with that store's District Manager, Rick Klein, who told me that if I could get the store “under control,” I would get promoted to Store Manager.  I accepted the assignment.

9.                  I started at the Silver City store in September 1993.  During the two years I worked in Silver City, I was frequently assigned to set up new stores in other states, including North Dakota, South Dakota, and Missouri.  I was always told that I needed to accept these “opportunities” in order to improve my chances for promotion.  However, no matter how many such assignments I accepted, I continued to work as an Assistant Manager with no promotion in sight.

10.              I was finally promoted to Store Manager of a store in Winslow, Arizona, 1995, by District Manager Charles Balentine.  I had been an Assistant Manager with positive evaluations and no coachings for six years.

11.              Throughout my career at Wal-Mart, I observed many male Assistant Managers obtain promotions to Store Manager after spending less time as an Assistant Manager than I had.  For example, Gary Freeman was promoted to Store Manager of the Atascocita, Texas store in 1990 after only three years as an Assistant Manager.  Richard Bourget was promoted to Store Manager of a store in Scarborough, Maine, in 2000 after only three years as an Assistant Manager and nine months as a Co-Manager.  I also learned that Sherrie Lambeth, my co-worker from Carthage, Missouri, spent ten years as an Assistant Manager before she was promoted to Store Manager. 

12.              In the two years I was Store Manager in Winslow, my management team and I improved the store's overall performance rating from second or third-worst in the region to one of the top ten percent.

13.              In 1997, I obtained a transfer as a Store Manager to a larger store in Lewiston, Idaho.  In the two years that I was Store Manager in Lewiston, my management team and I improved the store's overall performance rating in the region from the bottom quarter to the top quarter.

14.              Nonetheless, in 1999, District Manager Alan Schamber demoted me to Assistant Manager and transferred me to a store in Yakima, Washington, for allegedly backdating the evaluation date for one of my employees.  I felt strongly that my demotion for such a minor infraction was unfair, and I used the Open Door to complain to Regional Vice President Bob Erickson.  Mr. Erickson told me that the demotion would stand but that I could start applying for promotion again to Store Manager after 90 days.

15.              Over the next three years, I applied more than twenty times for Store Manager positions using Wal-Mart’s new computerized Management Career Selection system.  I was never reinstated to a Store Manager position.  I learned that many of the Store Manager positions that I applied for went to men with equal or lesser qualifications than I had.  In 2000, Richard Bourget was chosen over me for promotion to Store Manager in Scarborough, Maine.  Mr. Bourget had only three years’ experience as an Assistant Manager and nine months’ experience as a Co-Manager.  I had four years’ experience as a Store Manager and six years’ experience as an Assistant Manager.  Also, In 2000, John Clifton was chosen over me for promotion to Store Manager in Salem, Oregon, even though Mr. Clifton had only five years' experience as an Assistant Manager and less than one year's experience as a Co-Manager.  Also, in 2000, James Sexton was chosen over me for promotion to Store Manager in Edmond, Oklahoma, even though Mr. Sexton had only four years' experience as an Assistant Manager and two years' experience as a Co-Manager.  Also in 2000, Michael Kelly was chosen over me for promotion to Store Manager in Vancouver, Washington, even though he had only two years' experience as a Store Manager.

16.              I also saw male employees, who had been demoted or terminated for more serious misconduct than I had been accused of, granted promotions in violation of the 90-day rule.  For example, Mr. Schamber, the District Manager who had demoted me, was terminated for fraternizing with a female Store Manager shortly after my demotion.  He applied for and received the position of Store Manager at a store in Vancouver, Washington, even though fewer than 90 days had passed since his termination.  I had just passed the 90-day mark, and I also applied for that Store Manager position.  I never received an explanation as to how Mr. Schamber had access to the Management Career Selection system during a period when he was not a Wal-Mart employee.

17.              In total, I know that men with equal or lesser qualifications than I had received most of the Store Manager positions I applied for via the Management Career Selection system.  I never received any information about why I was not chosen, other than a form letter via Wal-Mart’s internal e-mail system stating that another applicant had been offered each position.  During this time period, my evaluations were consistently “above standard” or “exceeds expectations.”

18.              After my demotion, I worked as an Assistant Manager in Yakima for one year.  In approximately 2000, Store Manager Shannon Horton (male) asked District Manager Don Schulties, in my presence, why I had not been promoted to Store Manager.  Mr. Schulties replied, “Home Office won't let me re-promote her.”  When I heard Mr. Schulties' comment, I finally realized that I was unlikely to ever regain a position as Store Manager.  However, because I was the sole wage earner for my family, I continued to work at Wal-Mart for another two years as Grocery Co-Manager.  During that time, I continued to use the Management Career Selection system to apply for Store Manager positions, but I was never promoted to Store Manager.

19.              In January 2003, District Manager Dennis McMillan told me that he was assigning me the position of Co-Manager of Softlines and the Front End in addition to my existing position of Grocery Co-Manager.  No raise was included with this “offer.”  To me, the message was clear: I was qualified to do all the difficult work of store management, but I was not ever going to obtain a promotion back to the level and salary rate of Store Manager.

20.              I left Wal-Mart in late January 2003, out of frustration with Wal-Mart’s failure to promote me.  I am a Store Manager at Fry’s Grocery in Arizona.

21.              In my 16 years at Wal-Mart, I never worked with a female Store Manager, and I only knew of one other female Store Manager.  I never worked with or knew of any female District Managers.

22.              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 Arizona that the foregoing is true and correct.

 

            This Declaration was signed by me on ______________________ (month and day), 2003, at _______________________________ (city and state).

 

                                                                                    ___________________________________

                                                                                    Barbara Steele