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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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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 |
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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 |
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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 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
I, Andrea Tallent, 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 was employed by Wal-Mart, Inc. in Franklin in North
Carolina, from September 27, 1988 until November, 2000. I am female.
3. I received an AAS degree in accounting in 1976, a diploma in
auto mechanics in 1978, and an AAS degree in Paralegal Technology in August
1988. I have an additional 2 years of college education. All of this training was on the initial
resume I submitted to Wal-Mart in 1988.
4. Prior to being hired by Wal-Mart, I sold fabric in a retail
store from 1983 to 1988. From 1989 to
1990 I owned a store with Glenda Anderson, craft department manger, while also
working at Wal-Mart.
5. I was originally hired by Wal-Mart as the fabric department
manager because of my retail experience with fabric and crafts.
6. As Stationary Department Manger I received two “Good Job”
awards before 1993. One was for sales
increase and the other for mark-up increase.
These awards were 1/4 share of stock given by the Regional Manager [name
forgotten].
7.
After asking several times, I was finally promoted to Support Manager
in approximately 1997. The only other
position I was offered was Photo manager, a position I held from February to
November 2000.
8.
I began asking about the management training program for Assistant
Manager positions at my initial interview with Roger Smith, Co-manager, in
1988. From 1993 through 2000 I was bounced around to different positions. In spring 1993 I came back from a six-week
setup in Greenville, SC and I gave John Hay, District Manager, copy of my
excellent evaluation and asked him again about the management training program.
I had also requested that the setup supervisor call him and recommend me for
the promotion. Mr. Hay offered me the position on the condition that I would
transfer to a store anywhere in the United States. He did not offer me the option to transfer to
the Wal-Mart store in Sylva, about 18 miles away. I accepted the promotion
based on Mr. Hay’s conditions with the intention of moving my family. Several days later I told Mr. Hay that I
wanted the promotion, but had to decline since I could not relocate further
away than the Sylva store due to a change in my home situation.. When I told Mr. Hay about the limitation on
my ability to relocate, I stepped down from the assistant manager trainee to a
position handling competition ads and store signing. Since this was not a classified position I
was titled as a cashier. Later on I began running a register full-time when
computer scheduling was implemented. I
was made Department Manager again just prior to being made Photo Lab Manager in
February 2000.
9. The same week, Mr. Dahmer was hired as a third shift
warehouse Assistant Manager in the Franklin, NC store. Mr. Dahmer told me that Mr. Hay had hired him
from McLane’s, a supplier bought by Wal-Mart, as a third shift manager with the
promise that he did not have to transfer.
10. In 1988 during a department manager’s meeting in the old
upstairs breakroom, Roger Smith, Store Manager, told us at that “men need to be
paid more than women because they have families to support.”
11. I
told district manager John Hay’s assistant, Karen Jones, that he had a history
of promoting single white men under 30 and it was beginning to become a legal
issue. The next day a woman named Mary
Beth who worked in softlines in the Franklin, NC store and was promoted to the
assistant manager training program.
12. Ken Kribbs and Sharon Kribbs were hired on the same day as
sales associates, although they worked as stockers. I was Ms. Kribbs supervisor and she told me
Mr. Kribbs was being paid more per hour then she was.
I declare under penalty of perjury of the laws of the
United States and of the State of North Carolina, that the foregoing is true
and correct. I signed this on April
_____, 2003 in __________, North Carolina.
_______________________
Andrea Tallent