|
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
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