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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 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 |
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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, Karen
Williamson, 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 52 year old woman who worked as a sales associate
in the Pleasanton, California Wal-Mart store from September 1995 until
October 1999. At the time I joined
Wal-Mart, I had prior experience working at Safeway as a deli clerk and for a
retail establishment “Treasures and Tyme.”
I worked in a number of departments in the Pleasanton store including
shipping and receiving, infants, boys and girls, electronics, housewares, and
stationery. I did not request or apply
for any of these transfers. Each time I
was moved to a different department, the Store Manager merely informed me of
the change.
3.
I wanted to become a department manager and possibly
move on from there with a career at Wal-Mart.
However, there was no formal application process to express my interest
in promotion. Instead, I spoke with the
Store Managers and Assistant Managers about my desire for promotion. Twice I wrote letters to Store Manager, Lou
Malmborg, expressing my wish for promotion.
After I sent the first letter, Store Manager Malmborg denied reading
it. Store Manager Malmborg acknowledged
receipt of the second letter, but brushed aside my interests, indicating that
there were no openings at that time.
Store Manager Malmborg never provided to me any information about the
process of receiving promotions, never told me of the Management Training
Program, and never indicated there were any other routes that I could follow to
become a manager at Wal-Mart.
4.
Sometimes, promotional opportunities were posted but
frequently the promotions were determined before there was an opportunity to
even apply. For example, the Foods Department
Manager position was posted; and I applied, but the very next day a male
associate John Shoe was given the position.
I was never interviewed for the position nor was I aware of anyone else
being interviewed. Other times, the
position was just not posted at all. For
example, when the position of Department Manager for Health and Beauty Aids
Department was open, it was never posted, and so I could not apply. I would have very much liked the opportunity
to compete for this position, as I am a licensed cosmetologist. I applied on the computer-based system for at
least one position and was told at the completion of the application process
that I had met the preliminary qualifications and a manager would contact
me. I was never contacted and received
no follow-up as a result of this application at all.
5.
I recall a co-worker nicknamed “Jimbo” [last name
unknown] was given a promotion to Sporting Goods Department Manager. I heard Assistant Manager Tim Costa tell
another manager, Mike Gallardo that it was necessary to give a promotion to
Jimbo, as he had just had a baby and needed the money. I never heard any similar concerns for
working mothers expressed by any member of management.
6.
While I was employed at Wal-Mart, two male sales
associates, Eddy Hon Ng and Reuben Rodriguez, were earning more money than I
for no apparent reason other than my gender.
Eddy and I were hired at or around the same time and he was paid a
higher salary than I, although I had prior experience in retail and in the
grocery industry. Reuben Rodriguez
earned a higher salary than I, although he was hired months after I had been
hired and at one point left the company for a period of time. When he returned, he earned a higher salary
as a sales associate despite the fact that I had been an employee of Wal-Mart
continuously and for a longer period of time.
7.
I found that the Open Door did not work and resulted
in retaliation. I used the Open Door and
spoke to Assistant Manager Chuck and on another occasion to Store Manager Lou
Malmborg about the demeaning manner in which Assistant Manager Deborah spoke to
me and others. I understood that my
concern would be held in confidence but I do not believe it was. Very soon after speaking with the managers,
Deborah began treating me much worse, and soon thereafter gave me written
discipline. I also tried using the Open
Door without any success by contacting the District Manager after I was
terminated. I drove to the offices of
District Manager John Scantlin and left a note for him, and, receiving no
response, telephoned him two or three times.
Wal-Mart's Sundown Rule, about which all employees are trained from
their first day, requires that all phone calls from employees or customers be
returned on the same day before sundown.
After a delay of perhaps three weeks, District Manager Scantlin finally
returned my call and said he would look into the circumstances of which I
complained. I never heard from him
again.
8.
If I could be
confident that I would not face gender discrimination, I would be interested
in applying for management training at Wal-Mart.
I
declare under penalty of perjury that the foregoing is true and correct. Executed on _________________, 2003, at
____________________________.
____________________________
Karen Williamson