Pleading



|BRAD SELIGMAN (SBN 083838) |JOSEPH SELLERS |

|JOCELYN D. LARKIN (SBN 110817) |CHRISTINE WEBBER |

|THE IMPACT FUND |CHARLES TOMPKINS |

|125 University Avenue |JULIE GOLDSMITH |

|Berkeley, CA 94710 |COHEN, MILSTEIN, HAUSFELD & TOLL |

|Telephone: (510) 845-3473 |West Tower – Suite 500 |

|Facsimile: (510) 845-3654 |1100 New York Avenue |

| |Washington, D.C. 20005-3964 |

| |Telephone: (202) 408-4600 |

| |Facsimile: (202) 408-4699 |

|IRMA D. HERRERA (SBN 98658) |STEPHEN TINKLER |

|DEBRA A. SMITH (SBN 147863) |MERIT BENNETT |

|EQUAL RIGHTS ADVOCATES |TINKLER & BENNETT |

|1663 Mission Street, Suite 250 |309 Johnson Street |

|San Francisco, CA 94103 |Santa Fe, New Mexico 87501 |

|Telephone: (415) 621-0672 |Telephone: (505) 986-0269 |

|Facsimile: (415) 621-6744 |Facsimile: (505) 982-6698 |

|SHEILA Y. THOMAS (SBN 161403) |DEBRA GARDNER |

|EQUAL RIGHTS ADVOCATES |PUBLIC JUSTICE CENTER |

|5260 Proctor Avenue |500 East Lexington Street |

|Oakland, CA 94618 |Baltimore, MD 21202 |

|Telephone: (510) 339-3739 |Telephone: (410) 625-9409 |

|Facsimile: (510) 339-3723 |Facsimile: (410) 625-9423 |

|STEVE STEMERMAN (SBN 067690) |SHAUNA MARSHALL (SBN 90641) |

|ELIZABETH LAWRENCE (SBN 111781) |HASTINGS COLLEGE OF THE LAW |

|DAVIS, COWELL & BOWE |200 McAllister Street |

|100 Van Ness Avenue, 20th Floor |San Francisco, CA 94102 |

|San Francisco, CA 94102 |Telephone: (415) 565-4685 |

|Telephone: (415) 626-1880 |Facsimile: (415) 565-4854 |

|Facsimile: (415) 626-2860 | |

| | |

|Attorneys for Plaintiffs | |

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

|BETTY DUKES, PATRICIA SURGESON, CLEO PAGE, CHRISTINE KWAPNOSKI, DEBORAH |Case No. C-01-2252 MJJ |

|GUNTER, KAREN WILLIAMSON AND EDITH ARANA, on behalf of themselves and | |

|all others similarly situated, |DECLARATION OF RITA COONES IN SUPPORT OF PLAINTIFFS’ MOTION FOR |

| |CLASS CERTIFICATION |

|Plaintiff, | |

|vs. | |

|WAL-MART STORES, INC., | |

|Defendant | |

I, Rita Coones, declare:

1. I make this declaration 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 Austin, Texas from September 9, 1995 through October 15, 1999. I am female.

3. My initial assignment was as a stocker in the Receiving Department on the night shift. My job consisted primarily of unloading trucks and stocking merchandise into the correct storage locations. At the time I was hired, I was the only female on the night receiving team.

4. On my ninety day review, I received an “above standard” evaluation and a $0.35 an hour raise. This increased my initial pay rate from $6.50 to $6.85 an hour. One month later, in December 1995, I received another $0.20 an hour merit raise for my “hard work on night receiving” and “in appreciation and recognition of [my] capabilities.” (Attached hereto as Coones Exhibit A is a true and accurate copy of the Commendation Form dated December 1995.) This raised my pay to $7.05 an hour.

5. Throughout the time I worked as a stocker, I observed that men were allowed to operate the forklift while female associates were not. Although I asked Store Manager Scott Sloan to be trained in the use of the forklift, he denied my requests without any explanation. I learned from my female co-workers, Dawn Luna and Cindy Brown, that they too had been denied training on use of the forklift when they worked as stockers. As I could not use the forklift, my ability to perform my tasks was by necessity dependent upon the cooperation of the male employees who had been provided the forklift training. I was not able to do all the tasks that the men in the Receiving Department could do, and I felt I was viewed as not as capable an employee.

6. In 1996, I asked Store Manager Sloan to be promoted to the support manager position for the night Receiving Department. I was qualified for this position because I had already been working there for one year. Store Manager Sloan gave the position to Mike [last name unknown]. Instead of a promotion, Store Manager Sloan moved me to a day receiving position in “directs.” This position required me to scan merchandise that came in through the back loading area. It did not involve unloading trucks or stocking merchandise.

7. On my annual evaluation in September 1997, I received another “above standard” ranking and in the comments section, I wrote: “My goal is to move up (Support Team Manager)….” (Attached hereto as Coones Exhibit B is a true and accurate copy of my 1997 performance evaluation.) I also told Store Manager Sloan during our discussion of this evaluation that I wanted to advance with the company. I asked him what I could do to move up but he ignored my question and did not respond. Later, when two support manager positions opened up in the Receiving Department that year, I told Store Manager Sloan that I was interested in these promotions. I was not offered either position even though by now, I had been working in day and night receiving for about two years and was very capable of performing the support manager position. Instead, Store Manager Sloan again promoted two men into these positions, neither of whom, to my knowledge, had any prior experience working in Wal-Mart’s receiving departments. One of the men who received the support manager position was Mike [last name unknown] who had worked in the Furniture and Sporting Goods Departments. He was fired after approximately three months in the position of support manager. As best I recall, the first name of the other man who was promoted over me at that time was Rodney. I no longer recall his last name or prior position.

8. In 1998, another night support manager position opened up in the Receiving Department. I again informed Store Manager Sloan that I wanted to apply for the position. Prior to promoting a male into the night support manager position, Store Manager Sloan offered me the position of Department Manager of Lingerie. I told him that I would prefer the support manager position in receiving. He told me that he would prefer me in lingerie and that is the job I received. The Lingerie Department consisted exclusively of female associates and female department managers. With this promotion, I received a $0.50 an hour raise so that my pay rate was $8.50 an hour.

9. On my annual evaluation that same year, I again expressed interest in promotion. In the comments section, I wrote: “I will strive for excellence in my department…. I also would like to move up in the Company as a Support Manager and then a[n] Asst. Mgr.” (Attached hereto as Coones Exhibit C is a true and accurate copy of my 1998 performance evaluation.) During my meeting with Store Manager Sloan regarding this evaluation, I again asked him what I could do to move up in the company. As before, he just ignored this question.

10. On my annual evaluation the following year, 1999, I continued to express my interest in promotion. I wrote: “Thank you for having given me the chance to exceed and give Wal-Mart my full attention. My goals are to advance in the Wal-Mart Company.” (Attached hereto as Coones Exhibit D is a true and accurate copy of my 1999 performance evaluation.) Again, Store Manager Sloan brushed me off when I asked him how I could advance with the company during our meeting regarding this evaluation.

11. Despite my track record of average or above average performance evaluations and written and verbal requests for advancement opportunities, I was never promoted above an hourly department manager position and my pay rate, after four years, remained below $10.00 an hour at $9.50. In October 1999, I left Wal-Mart because I did not feel there was any future for me there.

12. At no point during my employment at Wal-Mart did any manager inform me that Wal-Mart had a Management Training Program or how I could be considered for, or apply to, this program. I was never provided any information about the program in writing and I do not recall the program being posted on any store bulletin boards or discussed in the daily store meetings. Had I known of a Management Training Program, I would have expressed interest in participating. Had there been an application available, I would have applied to join.

I declare under penalty of perjury of the laws of the United States and State of __________________ that the foregoing is true and correct.

This Declaration was signed by me on ______________________, 2003, at _______________________.

______________________________

RITA COONES, DECLARANT

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