|
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
I, Detrix Young, 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 Stores, Inc.
from June 1991 until August 2000. I am
female. I have never been
disciplined, and I received good evaluations.
3. I was hired by Wal-Mart as a cashier at
a store in Aiken, South Carolina. I
also helped in various departments, primarily to stock goods.
4. After a few months, the head Customer
Service Manager ("CSM") began giving me additional
responsibilities. I made change for the
cashiers, relieved cashiers when they took breaks, and occasionally relieved a
CSM when she needed a break. I observed
that most of the cashiers and CSMs were women.
5. Sometime in 1992 or 1993, I wrote that I wanted become a Customer Service Manager ("CSM") at the bottom of one of my evaluations. By that time, I was already doing many of the duties of a CSM, but I was still being paid at the rate of a cashier. I was eager to move up in the company and hoped to have a long and successful career with Wal-Mart.
6. In 1995, I moved to a Supercenter in
Aiken, South Carolina because Wal-Mart closed the old store.
7. Shortly after the new store opened, Ms.
Donna Washington [nee Brown], who was the head CSM, approached me and told me
that there was a CSM position opening.
Ms. Washington asked whether I wanted the position. The position was not posted and I did not complete
an application for it. Ms. Washington
told me I would get a $.50 increase within ninety (90) days, and I said that I
was interested. A short time later, she
gave me a black book about how to do the job of a CSM and said that I had the
job. I was given a badge identifying me
as the Customer Service Manager, keys and a supervisor card, and then I
shadowed another CSM for a few days to train.
I assumed the additional responsibilities of the CSM position, but never
received the promised raise. I inquired
of Ms. Washington several times, and each time she merely promised to look into
the problem with Mr. Ronnie Hill, the Store Manager, but I heard nothing
later. Eventually, I just gave up
asking.
8. Sometime in 1998, I wrote on my
evaluation that I would like to be promoted to Support Manager. (Attached hereto as Young Exhibit A is a true
and correct copy of my 1998 performance evaluation.). I had overheard someone say that the position
would be open, so I put it on the evaluation to show my interest. The Assistant Manager at the time, Kevin
Stallings, told me during my evaluation that he would look into it. Later, the position of Support Manager became
available and was posted in the breakroom.
I signed my name to the list of people who were interested in
applying. By that time, I had been with
the company for seven years and had worked in nearly every department. I was very familiar with the store and the
procedures, and I was willing to work at any time, any hour. I really wanted to move up with this
company. Despite talking to my Assistant
Manager and putting my name on the list, I was never even interviewed. Instead, they promoted a male named John
Cooper who had less seniority, less experience, and had not put his name on the
list in the breakroom. John Cooper was
promoted by the Store Manager, Mr. Glen Flory, with whom he was friendly.
9. Sometime in 1998 or 1999, I attended a
store-wide meeting mandated by Home Office in Bentonville, Arkansas where all
the store employees are encouraged to raise concerns and issues with
management. At that meeting a woman,
whose name I believe was Kathleen McDonald asked why the men made more than the
women. One of the male Assistant
Managers responded that men are working as the heads of their households, while
women are just working for the sake of working.
A male Support Manager named Lee [Last Name Unknown] just laughed and
did not try to correct the statement. I
knew that several of the women who worked at Wal-Mart were single mothers. After I heard that, I decided that I had had
enough and that I would give up trying to advance and stay with Wal-Mart long
term.
10. In 1999, I found out that a male employee
made more than I did, even though I had been there longer. Specifically, one day when I picked up my
check, I saw the check of a man named
Floyd Anderson. He was working as a stocker in grocery making
nearly $2 an hour more than I was, but he had only been there two years, at
most. Again, I felt that as a woman, I
could not go far with this company.
11. I gladly would have enrolled in the
management training program had I been given the opportunity. I was flexible and available to work, and I
wanted to move into management. However,
I was never given the chance.
12. After being passed over for Support
Manager and listening to comments about why women get paid less, I decided that
I did not have a fair chance to advance with Wal-Mart. Therefore, I left company in August of 2000.
I declare under penalty of perjury
of the laws of the United States and State of South Carolina that the foregoing
is true and correct.
This Declaration was signed by me on
______________________, 2003, at _______________________.
______________________________
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