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) 581-8922

Facsimile:         (415) 557-7895

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 PATRICIA SURGESON IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

 

I, Patricia Surgeson, declare:

            1.         I am a named plaintiff in this action.  I worked at the Wal-Mart Store in Vacaville, California from August 1997 until March 2001.  I am female and live in Vacaville, California.

            2.         I was hired to be a cashier/stocker in the Tire and Lube Express department (“TLE”).  Within my first month working in TLE, a male co-employee Patrick [last name unknown] approached me when I was on a ladder and grabbed my buttocks.  I yelled at him and was very upset. Patrick had previously made inappropriate comments to me, including offering money to me to have a baby with him.  He frequently tried to touch me.  I went to Kevin [last name unknown], the male Support Manager who was my immediate supervisor, and complained about Patrick’s actions.  As a result of my use of the Open Door, I was transferred to another department, although I liked working in TLE and would have chosen to continue there.  I was not given an option. Patrick was not transferred, but instead was permitted to keep his position in TLE.  I continued to see Patrick in the breakroom.  To my knowledge, no investigation of Patrick’s misconduct occurred.   Patrick was not disciplined to my knowledge.

            3.         I was transferred to the Toys Department for one day and then to the Health and Beauty Aids Department (“HBA”) where I was a sales associate for over a year, until November 1998.  I did not participate in any additional orientation process to move from TLE to the Toys and HBA departments.

///

            4.         In my first annual review in July 1998, I was rated as “above standard,” a hard worker and a team player.  Attached hereto as Surgeson Exhibit A is a true and accurate copy of this review.

            5.         As my confidence and skills grew, I began to look for opportunities for advancement at Wal-Mart.  I wanted to take the next promotional step and began looking for a chance to be a department manager.  I applied for department manager positions that were posted as available. I did not receive any of these positions.   In late 1998, when I was denied a promotion to a department manager position for which I had applied, I asked Store Manager Allen Becker for an explanation.  Mr. Becker responded by telling me that there was a position in the Lay-Away Department that would be soon available, and offered it to me.  It had not been posted.  I accepted and began training in that position shortly thereafter.  I understood that eventually I was to be made the Department Manager of Lay-Away.

            6.         I moved to the Lay-Away Department in November 1998.  After I was in that position for approximately six months, I spoke with Store Manager Allen Becker about my future.  Mr. Becker offered me the position of Lay-Away Manager, as the current manager was leaving.  The position had not been posted and I did not fill out an application.  I accepted the position.  I had new responsibilities, including supervising and giving direction to other workers in the department, preparing the paperwork for the department, and ordering supplies.  I wore a name tag that identified me as “Lay-Away Manager.”  When I needed employment confirmation as I moved into a new apartment, the personnel office at Wal-Mart confirmed that I was Lay-Away Manager.         

          7.           A new Store Manager, Marvin Raps, replaced Mr. Becker in October of 1999.  Mr. Raps told  me that the Lay-Away Department did not need a manager and that I would continue with the same responsibilities but without the title.

            8.         In the summer of 2000, I moved to the Cash Office as I believed it was a step up in my career.  When Store Manager Marvin Raps told me I was being given the position, he told me it was a confidential position with a lot of responsibility as I would be handling a great deal of cash.  Despite this increase in responsibilities and my good performance, I received no raise with this move.  I made a written request for a merit increase, but received no response.  I asked Assistant Manager Rod Couture for an answer to my request, but just received promises that he would look into it.  I did not receive an increase and was never given a reason from any manager.

            9. After I moved to the Cash Office, a male associate named B.J. Jawanda was moved to manage the Lay-Away Department   Because I was in the Cash Office at the time, handling payroll, I saw Mr. Jawanda’s direct deposit pay stub when he replaced me in the Lay-Away Department.  Mr. Jawanda was paid approximately  $2.00 an hour more than I was in the Lay-Away department for doing the same job.

            10.       In January 2001, I asked a young male Assistant Manager Trainee, Adam Kingsley, how to get into the Management Training Program.   He told me that he had been recommended by his Store Manager, when he had been at a different store.  He provided no further information.  His response was vague.  I knew of no other means of entry to the Management Training Program and had never seen anything in writing about management training.  There was never a posting that I saw by which I could have expressed my interest in joining management. 

            11.       While I was in the Cash Office, I saw the payroll of all employees.  I saw that male department managers in garden and furniture were paid more than female department managers.  I saw that my hourly wage was lower than men who had been hired after me and did not have the significant responsibility that I had.

            12.       In March 2001, I quit my employment at Wal-Mart because it was apparent my talents and contribution to Wal-Mart were not appreciated.  Seeing that male employees were paid more for the same job, and experiencing that discrimination first-hand with the Lay-Away Manager position, made me believe I would never be treated with equality.  My efforts at promotion had been brushed aside.  I believed I would be forever stuck in a dead-end job and denied the opportunities for growth and increasing responsibilities.  I found another job immediately.  I was hired as an Assistant Manager at a small clothing store, where I was paid slightly more.

            13.       I decided to become a named plaintiff in this action because I have been unfairly denied promotional opportunities and equal pay.  A man doing the same job that I had done was paid more.  My requests for raises were ignored and my effort to learn how to enter the Management Training Program was summarily brushed aside.  My primary goal is to ensure that the employment practices at Wal-Mart that hinder the progress of women wishing to enter management be changed, to ensure fair and equitable treatment of female employees.  I understand the responsibilities of a named plaintiff and I am prepared to fulfill my duties to the women in the class.

            14.       I filed a Charge of Discrimination with the Equal Employment Opportunity Commission on or about May 31, 2001.  I brought the charge on behalf of myself and similarly situated women who receive less pay, promotions and taining than male employees.  A true and correct copy of this charge is attached hereto as Surgeson Exhibit B.  I received a Notice of Right to Sue, a true and accurate copy of which is attached hereto as Surgeson Exhibit C.  

            15.       I have personal knowledge of all of the foregoing facts and if called as a witness could and would testify competently thereto.

            I declare under penalty of perjury of the laws of the United States and the State of California that the foregoing is true and correct.  Executed this _____ day of April, 2003 in Vacaville, California.

 

 

                                                                                    _________________________________

                                                                                                      Patricia Surgeson