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BRAD SELIGMAN _SBN 083838_

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					BRAD SELIGMAN (SBN 083838)

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



SHEILA Y. THOMAS (SBN 161403)

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




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


DEBRA GARDNER

PUBLIC JUSTICE CENTER

500 East Lexington Street

Baltimore, MD 21202

Telephone:           (410) 625-9409

Facsimile:           (410) 625-9423
SHAUNA MARSHALL (SBN 90641)

HASTINGS COLLEGE OF THE LAW

200 McAllister Street

San Francisco, CA 94102

Telephone:         (415) 565-4685

Facsimile:          (415) 626-2860



Attorneys for Plaintiffs



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA


BETTY DUKES, PATRICIA SURGESON, CLEO PAGE, CHRISTINE KWAPNOSKI,
DEBORAH GUNTER, KAREN WILLIAMSON AND EDITH ARANA, on behalf of
themselves and all others similarly situated,



                           Plaintiffs,

             vs.

WAL-MART STORES, INC.,

                           Defendant Case No. C-01-2252 MJJ



PLAINTIFFS’ RESPONSES AND OBJECTIONS TO DEFENDANT’S THIRD SET OF
INTERROGATORIES
PROPOUNDING PARTY:                          Defendant Wal-Mart Stores, Inc.



RESPONDING PARTIES:                         Plaintiffs Dukes, Surgeson, Page, Kwapnoski, Gunter,
Williamson, and Arana

SET NUMBER:                                        Three




            Representative Plaintiffs Dukes, Surgeson, Page, Kwapnoski, Gunter, Williamson,
and Arana (collectively “Plaintiffs”), through counsel, and pursuant to Federal Rule of Civil
Procedure 33(b), hereby respond to Defendant’s (Wal-Mart Stores, Inc.) Third Set of
Interrogatories, Interrogatory No. 1, served on September 27, 2002.

PRELIMINARY STATEMENT AND GENERAL RESPONSE

            Plaintiffs have previously provided information responsive to some of these
Interrogatories in their initial disclosures pursuant to Federal Rule of Civil Procedure 26 and in
their Responses to Defendant’s First Set of Interrogatories and in their Responses to Defendant’s
Second Set of Interrogatories. Plaintiffs incorporate by reference those prior responses.

GENERAL OBJECTIONS AND RESPONSES

1.         Plaintiffs object to each Interrogatory to the extent that it seeks information protected
from discovery by the attorney-client privilege, the work product doctrine, or any other
applicable privilege or protection.

2.          Plaintiffs object to each Interrogatory to the extent that it seeks discovery from absent
class members. Plaintiffs further object to each Interrogatory to the extent that it seeks
discovery from absent class members on the grounds that Defendant has not made any showing
that the information requested is necessary and not designed to take undue advantage or reduce
the number of the class members. Plaintiffs further object to each Interrogatory to the extent
that it seeks discovery from absent class members on the grounds that it is unduly burdensome,
designed to harass and intimidate, and therefore outside the scope of discovery.

3.        Plaintiffs object to each Interrogatory to the extent that it purports to seek information
and/or documents that are beyond the scope of the discovery limits in the Case Management
Order. Specifically, plaintiffs object to each Interrogatory in so far as it seeks information and
evidence about the merits of the litigation, rather than class certification.

4.          Plaintiffs object to each Interrogatory to the extent that it requests information of or
about class members and witnesses for whom Plaintiffs have already answered interrogatories.
Plaintiffs answered Defendant’s First and Second Set of Interrogatories as completely as
possible, and object to providing duplicative responses.

5.       Plaintiffs object to each Interrogatory to the extent that it invades the plaintiffs’ or
class members’ right to privacy protected by federal law and the California Constitution.

6.         Plaintiffs object to Defendant’s General Instruction #3 to the extent that it requires
disclosure of all information “available or accessible to” Plaintiffs, their “agents, consultants,
counsel, investigators or any other person or persons” acting for Plaintiffs or on their behalf.
Full compliance with this instruction would require Plaintiffs to reveal information not currently
within their knowledge, possession, custody or control, and information protected by the
attorney-client privilege or work product doctrine.

7.          Plaintiffs object to Defendant’s General Instruction #7 to the extent that compliance
would require revealing information already provided in Plaintiffs’ disclosures pursuant to Fed.
R. Civ. P. 26. Plaintiffs further object to General Instruction #7 to the extent that compliance
would require providing irrelevant private and personal information, information not in
Plaintiffs’ knowledge, possession, custody or control, and/or information already in Defendant’s
knowledge, possession, custody or control. See Fed. R. Civ. P. 26(b)(2) (requiring the court to
limit discovery where the information sought is obtainable from another source that is more
convenient, less burdensome or less expensive).

8.          Plaintiffs’ responses (and any further objections or responses to these discovery
requests or their subject matter), whether submitted collectively or on behalf of any individual
Plaintiff, are made without waiver of, and with preservation of:

a.        All questions as to competency, relevance, materiality, privilege and admissibility of
each response and the subject matter thereof as evidence for any purpose in any further
proceeding in this matter (including the trial of this lawsuit), and in any other lawsuit or
proceedings;

b.         The right to object to the use of any response, or the subject matter thereof, on any
ground in any further proceedings in this matter (including the trial of this lawsuit) and in any
other lawsuit or proceeding; and

c.          The right to object on any ground at any time to a demand or request for the further
response to these or any other discovery requests or other discovery proceedings involving or
relating to the subject matter of these requests.

9.        Plaintiffs object to Defendant’s definitions and instructions to the extent that they seek
to impose obligations on Plaintiffs beyond those imposed by Rule 33 of the Federal Rules of
Civil Procedure and the local rules of the United States District Court for the Northern District of
California.

10.        These answers and objections represent Plaintiffs’ best effort at this early stage of the
litigation and are expressly made without prejudice to Plaintiffs’ right to amend, supplement,
correct or clarify the answers as further information comes to light during the course of further
investigation and discovery, and as based on expert discovery.

SPECIFIC OBJECTIONS AND RESPONSES TO INTERROGATORIES

INTERROGATORY No. 1: For you, each person identified by Plaintiffs as a "Disclosed Class
Member," and each person identified in Plaintiffs' Rule 26(a) Disclosures, Rule 26(a)
Supplemental Disclosures, Second Supplemental Disclosures, and any other written
identification of a "Disclosed Class Member," "Fact Witness," or "Non-Class Member Witness,"
state with specificity each and every fact, including dates, locations and the persons involved,
that supports Plaintiffs' claims of "unequal assignments, pay, training, and advancement
opportunities" for women at Wal-Mart.
RESPONSE TO INTERROGATORY NO. 1: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs further object to this Interrogatory on the
grounds that it is unreasonably cumulative or duplicative to the extent that it requests information
that is also responsive to Interrogatories 2 through 17.

Without waiving the foregoing General and Specific Objections, Plaintiff Gunter responds as
follows: Deborah Gunter was employed by Wal-Mart as a seasonal employee in 1993 in
Waxahacie, Texas. She was rehired in April 1996 at the Riverside, California store where she
was initially assigned to the Photo Lab and later transferred to night stocker position. In May
1998, Gunter transferred to the Perris, California store where she was assigned to a TLE clerk
position. After being sexually harassed by TLE Manager John McCann and complaining to her
Store Manager Kathy Bishop and TLE District Manager Micky Anderson without success, she
transferred to the TLE department of the Lake Elsinore, California where she worked from
approximately May 1999 through her retaliatory termination in August 1999.

During her employment at the Riverside store, Gunter applied three times for the position of Pets
Department Manager but was denied each time. During her employment at the Perris store,
Gunter expressed interest in a Support Manager position since she was already performing many
of those duties and training male employees to perform them. Wal-Mart later promoted each of
the male associates Gunter had trained into a Support Manager position over Gunter. When
Gunter complained, TLE Manager McCann retaliated against her by significantly cutting her
hours. During her employment at the Lake Elsinore store, Gunter continued to train male
associates who were promoted into a Support Manager position over her. While working in the
TLE department, Gunter was also interested in, but was never given the opportunity to, work as a
mechanic and tire-changer.

When Gunter was first employed in the Riverside store, she asked Photo Department Manager
Milford [last name unknown] for training on the telzon equipment but was denied. While at the
Perris store, Gunter asked TLE Manager John McCann for training on the telzon equipment on
several additional occasions but was again denied. Gunter also asked TLE Manager McCann
for training that would qualify her for a management position but he said he was too busy to train
her. She asked several more times for this training but was repeatedly denied.

When Gunter was first employed by Wal-Mart in the Photo department of the Riverside store,
she routinely worked twelve or more hour shifts without any breaks. Although she complained
about these hours and the lack of help in this department, nothing was done. After a
stress-related leave of absence, Wal-Mart retaliated against Gunter for having complained by
transferring her to the night shift. She does not recall receiving a pay increase for working the
night shift.

While working the nightshift, Gunter observed that Receivers were paid more than Stockers and
that females were relegated to the Stocker position while men were assigned to the Receiver
positions. Male receivers and stockers informed her that they were being paid more than she.
She also learned that stockers in Orange County were being paid approximately $2 an hour more
than she.

Gunter was coached several times during her employment with Wal-Mart. On each of these
occasions, Gunter provided information that demonstrated that the factual allegations upon
which the coaching was based were either untrue, inaccurate, or in retaliation for having
complained about gender discrimination and sexual harassment and therefore grossly unfair and
discriminatory.

Without waiving the foregoing General and Specific Objections, Plaintiff Williamson responds
as follows: Karen Williamson was employed at a Wal-Mart store in Pleasanton, California, from
approximately 1995 to approximately 1999. She held the following positions during the
following years: Merchandise Reviewer and Scanner, 1995; Sales Associate, 1995-1999.
Beginning in 1995, various managers (including Store Manager Mark Shy and Department
Manager Deborah Triggs) recognized Williamson as deserving of promotion. However, despite
several applications and expressions of interest, Williamson was never promoted to Department
Manager or to any other position. During the time period of approximately 1996 to 1999,
Williamson was a Sales Associate in the Stationery Department, where she repeatedly applied
for promotion to Department Manager, both orally and in writing. She was never promoted to
the position, although she trained other new Department Managers to do the job and also did the
job herself during periods when there was no Department Manager. During her employment
with Wal-Mart, she requested a raise to bring her salary into parity with other employees who
had received a 50-cent raise. She received only a 35-cent raise.

Without waiving the foregoing General and Specific Objections, as to all persons about whom
this Interrogatory inquires, other than Plaintiffs Dukes, Surgeson, Page, Kwapnoski, Arana,
Williamson and Gunter, see Attachment A.

INTERROGATORY No. 2: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that "Wal-Mart employs uniform employment
and personnel policies throughout the United States," as alleged in Paragraph 21 of Plaintiffs'
Third Amended Complaint.
RESPONSE TO INTERROGATORY NO. 2: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific Objections, Wal-Mart has uniform written
“People” policies that apply to the entire organization. Hass (Personnel Policies 30-b-6) Depo.,
38:7 -8; 39: 16-20; WMHO 716 - 971. These policies are formulated and approved by: 1) the
primary and secondary Policy Committees, comprised of the senior People managers for each
Wal-Mart division; 2) the senior executive for each Wal-Mart division; and 3) the Executive
Vice President for People, Coleman Peterson. Hass (Personnel Policies 30-b-6) Depo., 23:11 -
24:5, 24:8 - 17, 28:19-29:4. Division 1 Regional Vice Presidents are not permitted to
formulate People policies specific to their region. Hass (Personnel Policies 30-b-6) Depo.,
49:12 - 18. This is because Wal-Mart wants to ensure “consistency” with respect to People
policies within the company. Hass (Personnel Policies 30-b-6) Depo., 50:4 - 8.        Virtually all
personnel policies are the same at Wal-Mart stores and Sam’s Clubs. Hottinger (30-b-6 Sam’s
Club Policies and Communication) Depo., 33:9-18, 35:21-40:19, 49:5-9. In a video
presentation to managers, Charlyn Jarrells Porter, Senior Vice President for People, instructed
listeners to execute People policies and practices consistently. (WMHO566100)

           Wal-Mart has a uniform orientation program for all new employees throughout the
company, which includes orientation on company “People” policies. Hass (Personnel Policies
30-b-6) Depo. 58:20-22; 62:19-21; 67:25 - 69:1; Exhibits 64 - 67; Goodwin (Sam’s Club Field
Operations) Depo., 126:1-6, 127:5-7.

           Wal-Mart publishes an Associate Handbook, given to all new and existing
employees, which explains many company personnel policies. Hass (Personnel Policies 30-b-6)
Depo., 51:24 - 57:6; Exhibit 63. Wal-Mart and Sam’s Club employees receive the same associate
handbook regardless of department, division, or location in the United States. Van Allen Depo.,
74:7-2; Reeves (30-b-6 Sam’s Club Organizational Structure) Depo., 103:8-12; Hottinger
(30-b-6 Sam’s Club Policies and Communication) Depo., 66:2-7.

            Wal-Mart has a uniform set of job positions in all stores (varying only based on the
size and type of store) and uniform job descriptions for most of these positions. Harper (Org.
Structure 30-b-6 Depo.) 45:20 - 46:7; 58:18 - 59:9; Exhibits 3, 4, 8 - 13, 15 - 19. Wal-Mart
regards the store manager and assistant manager positions in Division 1 stores to require the
same knowledge, skills and abilities as the equivalent positions in Sam’s Club stores. Varner
(Validation 30-b-6) Depo., 144:16-145:12, 148:24 - 149:13. Wal-Mart has a uniform
management structure in the stores. Harper (Org. Structure 30-b-6 Depo.) 32:14 - 40:12;
Reeves (30-b-6 Sam’s Club Organizational Structure) Depo., 72:1-16; Winkler Dep. 172:7-14.
Ruiz Dep. 130:22-25 - 131:1-3.
             Wal-Mart has uniform training programs for store employees, including CBL
(Computer Based Learning) modules and training guides or plans, for all or virtually all job
positions. Harper (Org. Structure 30-b-6 Depo.) 137:11 - 18; Baldwin (Training 30-b-6) Depo.,
29:6 - 31:2, 69:10 - 71:8. The Computer Based Learning Modules ensure that employees in the
operating units are given a “consistent message.” Poland Depo., 49:25 - 50:9.     All hourly
supervisors go through the same training. Baldwin (Training 30-b-6) Depo., 66:3 - 67:12, 68:20
- 69:1. Store managers do not have authority to decide which CBLs are shown to their
employees. Poland Depo., 113:4 - 114:11. Wal-Mart monitors each store to ensure that CBL
modules are properly activated and are being watched by the appropriate employees in a timely
manner. Poland Depo., Exhibit 6 (WMHO 126415-428); 110:9 - 24.

            There is a uniform set of training plans for Division 1 job positions. Poland Depo.,
116: 11-15. Training programs for hourly associates and assistant managers are developed in
Bentonville. Arnold Depo., 39:23-40:9, 40:17-22

             Wal-Mart has a uniform 16-week management training program that an employee
must complete in order to be promoted to Assistant Manager or any store management position.
Harper Depo., 195:7 - 15; Exhibit 31; Schaffner Depo., 77:4 - 7, 79:17 - 80:10; Kintzele
(Promotions 30-b-6) Depo., 44:6 - 11, 56:20 - 57:1. The only alternative is the much smaller
First In Line Training program, which is a company-wide program for college students to
complete the management training program while completing their degrees. Kintzele
(Promotions 30-b-6) Depo. Exhibit 312 (WMHO129505-519); Bosler (30-b-6 Sam’s Club
Management Training) Depo., 68:14-69:6; Guthrie (30-b-6 TLE Division Promotions) Depo.,
111:3-7; Heinle (30-b-6 Shoes and Jewelry Promotions) Depo., 70:15-71-21.

             Wal-Mart operates a management training program for all Assistant Managers,
management trainees and Specialty Managers known as the Leadership Foundation or
Management 101, which includes training on company personnel policies. Harper (Org.
Structure 30-b-6 Depo.) 195:6-13; Hass (Personnel Policies 30-b-6) Depo., 79:10 -19; Baldwin
Depo., 62:5 - 63:12.

             Wal-Mart also operates a uniform training program for its store managers and district
managers known as the Walton Institute, which includes training on company personnel policies.
Hass (Personnel Policies 30-b-6) Depo.80:3 -7.     Managers from Wal-Mart and Sam’s Club
attend the same classes at the Walton Institute. Bosler (30-b-6 Sam’s Club Management
Training) Depo., 40:2-23.      Training on personnel and human resource policies is identical for
managers of Sam’s and Wal-Mart Division 1 managers. Baldwin (Training 30-b-6) Depo.,
76:5-12. All store managers receive the same training in compensation, promotion policies and
practices, job announcements and performance evaluations. Baldwin (Training 30-b-6) Depo.,
126:15-129:3.

            Wal-Mart has a uniform system of written performance evaluations for all
employees, based on job position. Hammer (Hourly Perf. Eval. 30-b-6) Depo. ____; Hobbs
(Management Perf. Eval. 30-b-6) Depo., _____. Performance evaluations, though job specific,
follow the same format by evaluating employees on commitment to the three founding beliefs,
areas of improvement, strengths and goals. Wigger Depo., 78:18-79:11. Wal-Mart’s policy
provides that annual raises are based upon performance evaluation scores. Arnold
(Compensation 30-b-6) Depo. Exhibit 127.

           Wal-Mart maintains a uniform set of criteria for promotion into management
positions. Harper Depo., 164:19 - 22, Exhibit 25 (WMHO 217238 - 242); Exhibit 34 (WMHO
220459), Exhibit 35 (WMHO365479); and Exhibit 41 (WMHO158522); Harper Depo., 218:13 -
219:25; Schwindt Dep. 137:4-16 and Ex. 21 (WMHO637583); 139:11-13; 142:6-9; Ex. 22
(WMHO220459-60); 171:12-23. Promotions to co-manager and store manager require approval
from two levels of Home Office senior management. Harper Depo., Exhibit 36, WMHO
645932. Wal-Mart maintains a company-wide Rising Star Program “to identify those who
have [promotable] potential.” Harper Depo., 253:18 - 20; 255:21 - 25. Until earlier this year,
only candidates on the Rising Star list would be considered for management promotions.
Harper Depo., Exhibit 35.

              Wal-Mart has a uniform associate transfer policy. Harper Depo., 149:6 - 8.
Exhibit 24.

             Wal-Mart has a uniform system of compensation and benefits that applies to all
employees, based upon their position in the company. There is a uniform “merit increase” policy
and a promotion pay adjustment policy that applies to Division 1 and specialty stores. Harper
Depo. 57:8-25. The Home Office People Division sets start rates for store and specialty
management employees. Harper Depo., 43:9 - 22. Home Office sets the range for performance
increases for hourly employees. Scantlin Dep. 91:6-14; Raps Dep. 244:7-16. The Home
Office is responsible for salaries for store management employees. WMHO150351 (“the Home
Office is the one who determines hiring, firing, wages, transfers and promotions for the
management associates with input from the District Manager”).

           Wal-Mart has a company-wide “Open Door” policy. Hass (Personnel Policies
30-b-6) Depo. Exhibit 61 (WMHO 000966 - 968). The open door policy is the same in Sam’s
Clubs and Wal-Mart stores. Hottinger (30-b-6 Sam’s Club Policies and Communication) Depo.,
72:16-22, 108:11-15.

            Wal-Mart conducts an annual grassroots survey of all domestic employees to
determine associate morale. Lem Albrecht Depo. (Survey 30-b-6) 56:23-57:2.           Based on the
grassroots survey results, each store is required to conduct a grassroots meeting and develop a
grassroots action plan. Lem Albrecht Depo. (Survey 30-b-6) 140:2 - 20. The same grassroots
survey is implemented in Wal-Mart stores and in Sam’s Clubs. Hottinger (30-b-6 Sam’s Club
Policies and Communication) Depo., 106:10-18.



            Wal-Mart maintains an internal company intranet (“the Pipeline”) accessible to store
employees and managers. Wal-Mart store employees can find company personnel policies, job
descriptions and corporate culture information. Hass (Personnel Policies 30-b-6) Depo. 65:10 -
66:16; Muzingo (Culture 30-b-6) Depo., 130:11 - 14; Hottinger (Sam’s Club Personnel Policies
30-b-6) Depo., 74:10 - 19. When an operational decision is made at the corporate level, that
information is then distributed to all Wal-Mart stores via Wal-Mart’s intranet system. Wigger
Depo., 37:17-38:15, 39:2-4

            Wal-Mart has a uniform job announcements policy for hourly positions. Harper
Depo. 112:20 - 25; Harper Exhibit 17 (WMHO 153522-23), WMHO 713186; Hass (Personnel
Policies 30-b-6) Depo., 110:3 - 5. Wal-Mart has a uniform policy requiring the posting of store
management positions on the Management Career Selection system, unless there is a justified
exception. Harper Depo., 153:8 - 21. Exhibit 25 (WMHO 217238-242).

           Wal-Mart publishes an employee newsletter, which is distributed to all employees,
and includes employment and personnel policy content. Hass (Personnel Policies 30-b-6)
Depo.72:18 - 73:25; Reeves (30-b-6 Sam’s Club Organizational Structure) Depo., 103:15-16,
86:4-6.

            Wal-Mart requires that every store hold a daily store meeting for every shift.
Company personnel policies may be discussed at those meetings. WMHO724916; Hass
(Personnel Policies 30-b-6) Depo. 76:20 - 77:7; Hottinger (Sam’s Club Personnel Policies
30-b-6) Depo., 74:20 - 75:5.

            Wal-Mart requires any store manager to report to the District office if he or she will
be out of the store for longer than two hours. Schwindt Depo. Exhibit 60.

            Wal-Mart holds mandatory twice annual meetings (Year Beginning and Holiday
Meetings) attended by home office, divisional, regional, district and store management at which
personnel policies are discussed. Hass (Personnel Policies 30-b-6) Depo. 80:15 - 81:13;
Hottinger (30-b-6 Sam’s Club Policies and Communication) Depo., 89:17-90:4.



            Wal-Mart Home Office broadcasts Wal-Mart TV into all of its Wal-Mart and Sam’s
Club stores. Reeves (30-b-6 Sam’s Club Organizational Structure) Depo., 103-:13-14.
These satellite broadcasts include the “People Matters” broadcasts which provide mandatory
training on personnel and employment matters for store-level employees with personnel
responsibility. Hass (Personnel Policies 30-b-6) Depo. 88:8 - 89:5; 92: 8 - 13; Hottinger
(30-b-6 Sam’s Club Policies and Communication) Depo., 78:6-77:7. Wal-Mart’s Home Office
also operates Wal-Mart Radio, which it broadcasts into each of the stores across the country.
Hass (Personnel Policies 30-b-6) Depo. 93: 6 - 23.

            Wal-Mart maintains a uniform corporate culture (“Wal-Mart Culture” or the
“Wal-Mart Way”). Muzingo (Culture 30-b-6) Depo., 159:25 - 160:17; Exh. 335 (WMHO
383278). Every employee is trained on the culture as part of their orientation. Muzingo (Culture
30-b-6 ) Depo., 114:20-25. Wal-Mart and Sam’s Club have the same culture. Reeves (30-b-6
Sam’s Club Organizational Structure) Depo., 56:21-23, 103:17-25, 156:10-17; Swanson Depo.,
____, Dolan (Sam’s Club Field Operations) Depo., 134:15-22 (the culture is the same at all
Sam’s Clubs); Goodwin (Sam’s Club Field Operations) Depo., 47:13-48:24, 49:19-50:5
(describing culture); Miller (Sam’s Club Field Operations) Depo., 127:5-19. Wal-Mart store
managers are provided with a week-by-week schedule of corporate culture lessons and
accompanying training materials to use at mandatory store meetings. Muzingo (Culture
30-b-6 ) Depo., 125:1 - 4. and Exhibit 339 (WMHO 598668). All Wal-Mart and Sam’s Club
senior managers attend a monthly Saturday morning meeting in which one of the company’s
“culture” lessons is presented. Muzingo (Culture 30-b-6) Depo., 135:14 - 136:8; Hottinger
(Sam’s Club Policies 30-b-6) Depo., 80:19 -24. Notes from these meetings as well as other
culture topics are available on the Pipeline for associates and management. Muzingo (Culture
30-b-6) Depo., 129:11 - 130: 14, 138:24 - 139:1; Exhibit 341 (WMHO 598669-684), Exhibit 342
(WMHO 715195-715221).           Culture is a “company-wide value system.” Terri Ross,
Personnel Mgr Training Series Video, March 2002, WMHO 598759.

            Wal-Mart and Sam’s Club each have a uniform company cheer that is performed by
employees in every store every day and also at company meetings and events . Muzingo
(Culture 30-b-6) Depo., 85:20 - 87:3; Oshier (Sam’s Club Field Operations) Depo., 106:17 -
107:1.

            Wal-Mart’s managers above the district level, including those responsible for
regional personnel issues, are based in the company’s headquarters in Bentonville, AR. Harper
(Org. Structure 30-b-6 Depo.) 182:21 - 183:2; 190: 3-6. All company managers at or above the
regional level are required to attend several weekly meetings. Schwindt Depo., 68:14 - 69:1.
Regional Personnel Managers have RPM meetings, divisional meetings, and weekly general
sessions led by the Senior Vice President. Martinez Depo. 164:13 - 18, 165:2-3.

           Wal-Mart has a sophisticated real-time electronic information system between the
Home Office and the stores to collect and track all types of information from the stores.
Wal-Mart’s Home Office maintains a company-wide payroll and Peoplesoft personnel database.
Fielek Depo., 8:10 -13, 13:21 -24, 14:10-22. All stores use the SMART system, which manages
all employee scheduling. Annatone Depo., 127:24 – 128:5, 132:19 – 133:9.

             Wal-Mart uses a vast array of management tools and reports to ensure that these
employment and personnel policies are implemented uniformly within the stores. Among the
most important, Wal-Mart employs a “management by exception” philosophy. Harper (Org.
Structure 30-b-6 Depo.) 178:18 - 179:11. This means that store, district, regional, and
divisional managers receive reports that indicate which regions, districts, stores or departments
do not meet company standards (“exception reports”). Based on these exception reports, they
“manage” to bring those operating units into compliance.       These reports include the daily
Store Manager’s Recap Report, Harper (Org. Structure 30-b-6 Depo.), 133:3 -15; the Week 52
Audit to review the contents of personnel files, Hass (Personnel Policies 30-b-6) Depo.102:
20-25, the STAR report, Hass (Personnel Policies 30-b-6) Depo.: 105:3 -9; Harper (Org.
Structure 30-b-6 Depo.)163:18 - 164:21. Other “exception” reports on People issues include
turnover, training, CBL completion, diversity goals, child labor violations, MCS, and
performance evaluations. Harper Depo., 38:17-40:1. The objective of the STAR report is to
make sure that all stores are following the correct policies and procedures. Wigger Depo.,
110:17-24, Exhibit 37.
            People Profit and Loss Reports, which track worker composition and turnover, are
generated for all Wal-Mart stores and Sam’s Clubs. Hottinger (30-b-6 Sam’s Club Policies and
Communication) Depo., 107:9-16.

             Wal-Mart’s Internal Auditing Division audits Wal-Mart and Sam’s Club stores to
ensure that the stores are in compliance with all policies and procedures, including personnel
policies and procedures. Crawford (30-b-6 Sam’s Club Compensation) Depo., 26:22-27:9. It
conducts annual audits on specific stores covering operational issues, as well as some personnel
issues. Wigger Depo., 57:23 Some of the store level audits conducted by the internal audit
group includes the STAR, MSMR, 52-week review and RPM store visit form. Separate from
this, the audit department conducts store audits, functional audits and financial audits. Wigger
Depo., 72:14-73:1

             District managers conduct regular store tours to ensure compliance with company
expectations. Harper (Org. Structure 30-b-6 Depo.) 166:3 - 13; Ludwig, Ex. 3
(WMHO715035). District managers provide weekly store tour notes to their RVPs; the notes
are maintained in the regional office. Butler Depo., 106:16 - 21, 109:8 -10; Butler Depo.,
Exhibit 18. The Regional Vice Presidents also visits the stores in his region and is responsible
for sales, profitability, expenses and people issues. Butler Depo., 52:13 - 53:16. Senior Vice
Presidents conduct store tours to evaluate the job performance that their RVPs are doing, as well
as how well they are executing operational issues. Schwindt Depo., 112:14 - 113:5.

             The Wal-Mart People division in the Home Office creates a series of monthly
training sessions (“People Matters”) on personnel issues, which it broadcasts to every store for
mandatory viewing by store and personnel managers. Harper (Org. Structure 30-b-6 Depo.)
132:3 - 15.    The purpose is to provide uniform training to personnel managers in each
Wal-Mart store on topics including company culture (March 2002 -WMHO 598759), grass roots
(August 2002-WMHO598763) recruiting (July 2002-WMHO598762), open enrollment,
temporary hires, military call-ups, and retention of records(October 2001-WMHO598758).

            Wal-Mart’s Home Office operates an Ethics Hotline (1-800 number).           Hass
(Personnel Policies 30-b-6) Depo., 111:12 - 112:2. All Open Door related phone calls go
through the Ethics Hotline and it is available for employees of Wal-Mart, Sam’s Club,
Supercenters and the specialty divisions for reporting of issues relating to personnel, business
conduct or unethical conduct. Wesbecher Depo., 39:1-21, 40:1-4.

            Wal-Mart has a uniform Record Retention policy, consistent throughout all stores,
and People Division at Home Office specifies how documents are to be maintained, by whom,
and who is responsible. Keisha Ho-Lung, People Division, on tape to all stores, October 2001,
(WMHO 598758). All personnel files are to be maintained in the same way and with pages in
the same order. Roxie Wigger, on tape to all stores, Oct. 2001 (WMHO 598758).

          Assistant and store managers are regularly transferred among different facilities.
Employees frequently transfer between Sam’s Club and Wal-Mart stores and between field and
Home Office. Crawford (30-b-6 Sam’s Club Compensation) Depo., 59:22-60:1; Ludwig Dep.
101:3-16.
           Performance evaluation, pay adjustments, merit increases and promotion policy
adjustment follow the same policy for all Division 1 and specialty groups. Harper 57:8 - 58:7.

            Wal-Mart’s Home Office centrally controls the music, freezers and temperature in
each of the stores across the country. Carter Depo., 243:6 - 244:12; Goodwin Depo., 270:20 -
272:17.

           The uniformity of Wal-Mart’s employment and personnel policies is further
evidenced by the fact that the patterns of discrimination against women are present in 49 of the
50 states. Bendick, Representation of Women Among Managers at Wal-Mart: A Preliminary
Analysis Based on EEO-1 Data (hereinafter, “Bendick Report”), 10.

             Moreover, the degree to which Wal-Mart’s management is physically centralized at a
corporate headquarters is still further evidence of the centralization and uniformity of
Wal-Mart’s employment and personnel policies. Bendick Report, 16. In 1999, 15.4 percent of
all Wal-Mart managers were reported to be located at the company’s headquarters establishment,
compared to 8.1 percent for comparator firms. Bendick Report, 16. The pattern of
centralization has been constant since at least 1975. Id.

INTERROGATORY NO. 3: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that "female employees are paid less than male
employees who perform substantially similar work, with similar or lesser skills and experience"
at Wal-Mart, as alleged in Paragraph 26 of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO. 3: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory. Plaintiffs
further object to this Interrogatory on the grounds that it is unduly burdensome and oppressive to
the extent that it asks respondents to state with specificity each and every fact that supports,
forms the basis, or otherwise relates to Plaintiffs' contention that "female employees are paid less
than male employees who perform substantially similar work, with similar or lesser skills and
experience" at Wal-Mart, because this information is obtainable from Defendant’s own records.

Without waiving the foregoing General and Specific Objections, Vice President of People for
Division 1 Kevin Harper analyzed base pay for assistant manager, fresh area manager,
co-manager and store manager and found that women were paid less than men in all positions.
Harper Depo., 89:6 - 92:25. WMHO662652. While Wal-Mart claims to have made no effort
systemically to analyze wage disparities, those wage analyses that it has conducted all reach the
same result. Harper Depo. Exhibit 7 - Minority/Gender Pay Analysis
(WMHO386574-624)(“average salaries for female and minority males are below the overall
average pay for most jobs”); Harper Depo. Exhibit 8 - Female District Manager Salaries for
Time in Position (WMHO 630760 - 69); Harper Depo. Exhibit 9 - District Manager Average
Salary by Time in Position (WMHO 630778).

         The failure to pay women equitably extends to women in the most senior
management positions. Jarrells-Porter Depo., 129:4 - 20 (WMHO648214).

          The Women in Leadership Group identified perception of compensation differences
between men and women as an issue. WMHO160584.

             Women have raised numerous complaints about gender inequity in pay in the
workplace. Schaffner Depo., 160:17 - 162:13; Seaman Depo., 239:11 - 24 (discussing
assistant manager Desiree Cane’s complaint that her salary was lower than a male management
trainee/ assistant manager). See citations below. Many class members testified that male
employees doing the same or similar work were paid more than they were. Adair Depo.
169:16-18 (male manager in training earns more than female manager in training at a store in
California); Adair Depo. 294:12-17 (male manager in training earns more than female manager
in training at a store in Tennessee); Adams Depo. 149:21-150:9 (male deli management trainee
makes more than female deli manager at store in Alabama; no change following female
employee’s complaint); Adams Depo. 152:10-15 (male deli management trainee makes more
than female deli manager at store in Florida); Adams Depo. 170:15-171:3 (at least two male
co-managers have higher initial wages than female co-manager at store in Nevada); Durfey
Depo. 131:11-17 (male assistant manager with less experience earns more than two female
assistant managers at a store in Utah); Melissa Howard Depo. 207:17-208:6 (two male
co-managers in Indiana hired at higher salaries than their female store manager; no salary
adjustment despite store manager’s complaint to male district manager); Midolo Depo.
117:21-118:19, 132:1-21 (female TLE employee in Florida earns less than all male employees in
the department, including those with less experience and tenure, despite her complaints to
management about unequal pay); Page Depo. 250:20-251:3 (male sales associate in California
earns $5 more than female sales associate with more tenure); Stevenson Depo. 239:5-10 (male
employee of Sam’s Club in Illinois earns more than female employee performing similar job
with similar skills); Farmer Depo. 75:11-76:2 (female employee in Kansas given 25-cent raise
following promotion to support manager; male employee given 50-cent raise following same
promotion); Kwapnoski Depo. 118:5-16, 123:22-124:8, 139:2-12 (female Sam’s Club employee
in California gets smaller raises from male manager than several male employees receive); Lela
Smith Depo. 210:9-211:13 (male Sam’s Club employee in Illinois paid more than female
employee with supervisory responsibilities); Lela Smith Depo. 252:11-17 (female Sam’s Club
employee in Illinois offered $24,000 for promotion to front end manager, whereas male
employees are offered $27,000); Surgeson Depo. 193:23-194:2 (female employee in California
replaced as layaway manager by male employee who earns higher wage for performing the same
work); Odle Depo. 99:14-100:6 (female Sam's Club employee in California receives 50-cent pay
cut following promotion to front end manager, whereas two male employees do not receive pay
cuts following promotion to area manager); Odle Depo. 227:22-228:6 (male Sam's Club assistant
manager in California earns $20,000 more per year than female assistant manager with similar
length of tenure); Moody Depo. 105:18-106:14 (female store planning associate in Mississippi
paid less than male store set-up associates, despite her higher level of responsibility); Bernarde
Depo. 291:12-22 (female employee of Sam’s Club in Wisconsin earns $3 less per hour than male
employee with similar job); Rejoice Johnson Depo. 53:2-14 (two male associates in Georgia
hired at higher wage than female associate with similar qualifications); Linde Depo. 317:12-15
(male pharmacist in Kentucky hired at higher wage than female pharmacist); Linde Depo.
187:20-22, 189:17-190:2, 194:21-195:8 (female pharmacist in Kentucky receives no raise
following promotion to pharmacy manager; male pharmacy manager hired at higher salary than
hers and receives better benefits); Linde Depo. 195:17-196:22, 197:9-11, 199:16-18, 200:10-15
(female pharmacist at both Sam’s Club and Wal-Mart in Kentucky receives only one week
vacation during her first year, whereas male pharmacists at both Sam’s Club and Wal-Mart with
less than one year tenure receive more vacation time); Zapatka Depo. 96:3-97:7 (female assistant
manager trainee at Sam’s Club in Washington earns less than four male trainees at the same
store); Zapatka Depo. 141:18-22 (Sam’s Club in Washington hires male with less experience for
position as assistant manager at higher wage than female assistant manager earns); Zapatka
Depo. 251:23-252:10 (male store manager of Sam’s Club in Washington gives lower merit raise
to female employee than to male employee with poorer performance, even after female assistant
manager advocates for higher merit increase); Mason Depo. 124:1-10 (male assistant manager at
Supercenter in Wisconsin with similar experience and skills earns a higher salary than female
assistant manager); Deno Depo. ____ (male meat department lead associate at Supercenter in
New York paid more than female meat department lead associate); Deno Depo. ____ (male meat
department employee at Supercenter in New York is assigned frequent overtime, approved by
male district manager, whereas female meat department employee is not allowed to work
overtime; when female employee requests overtime from male manager, she is told, “what’s
sauce for the goose isn’t always sauce for the gander”); MacDonald Depo. ______ (male
department manager in South Carolina tells female employee that women make less than men at
Wal-Mart because it says in the Bible that God made Adam before he made Eve); MacDonald
Depo. _____, _______ (female employee in South Carolina learns from male employee that
another male employee earns a higher wage than she does for performing the same work; three
other male employees who perform similar work also tell female employee that they earn more
than she does); Jennifer Johnson Depo. ______ (female co-manager in Florida learns that male
co-manager in same district earns a higher base wage than she does); Danette Brown Depo.
_____ (female employee at Supercenter in Arkansas learns that male employee with similar
experience performing similar job earns more than she does); Dalton Depo. 294:20-295:2 (male
assistant manager in Illinois tells female employee he received three merit increases during his
first year of employment, whereas she received none); Gorba Depo. (three assistant manager
trainees made more than female assistant manager trainees with similar prior job experiences).

            Several class members also testified that they observed that other female employees
were paid less than male employees doing the same or similar work. Adair Depo.
330:10-331:12 (male custodian earns more than all female employees in a Tennessee store,
including assistant managers); Adair Depo. 363:15-22 (male department manager hired into
Tennessee store at higher rate of pay than that of any female employee, including female
department manager with tenure of 20 years); Farmer Depo. 263:20-264:6 (female employee in
Kansas has never received a merit raise in the eight years of her employment, in contrast to
several male employees); Kwapnoski Depo. 127:1-6 (female Sam’s Club area manager in
California observes that male employee in her department gets higher wage than female
employees in her department); Surgeson Depo. 234:18-235:1 (female cash office employee in
California observes that almost all female department managers are paid less than male
department managers); Odle Depo. 179:19-180:6 (female area manager at Sam's Club in
California observes that two of her female employees earn less than men in similar positions);
Farmer Depo. 35:12-36:12 (male employee in Kansas is paid more than female employee with
17 years tenure); Earwood Depo. 28:8-13 (female employee in Ohio paid only $7 per hour
despite nine years’ tenure); Earwood Depo. 350:24-351:6 (female employee in Ohio observes
that male store manager gives higher raises to male employees than to female employees);
MacDonald Depo. ______ (female grocery manager in South Carolina complains to another
female employee that she is paid less than her two male counterparts); MacDonald Depo. _____,
______ (two female department managers in South Carolina complain to another female
employee that they are paid less than three male department managers); MacDonald Depo.
_____ (female employee in Indiana complains to another female employee that, after
complaining about her lower rate of pay compared to men in similar positions, she was told by a
member of management that the men earned higher wages because they were the heads of their
households).




INTERROGATORY NO. 4: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that "when women are promoted, on average
they are advanced later, and then more slowly, than similarly situated male employees" at
Wal-Mart, as alleged in Paragraph 27 of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO 4: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory. Plaintiffs
further object to this Interrogatory on the grounds that it is unduly burdensome and oppressive to
the extent that it asks respondents to state with specificity each and every fact that supports,
forms the basis, or otherwise relates to Plaintiffs' contention that "when women are promoted, on
average they are advanced later, and then more slowly, than similarly situated male employees"
at Wal-Mart where this information is more readily obtainable form Defendant’s own records.

Without waiving the foregoing General and Specific Objections, Wal-Mart has recognized that
there is a significant disparity in promotion rates for women. See e.g. WMHO 363415, WMHO
391674-77, Retail Benchmarks on Diversity (WMHO160312, WMHO510431-38),
WMHO662652, Harper Depo. Exhibit 59 (WMHO665703 - 709). In the annual grassroots
surveys, employees repeatedly express high levels of concern about favoritism in the stores with
respect to distribution of work, promotions, overtime and assignments. See Lem Albrecht
Depo., Exhibts 170, 174 - 176.

             Women have been statistically underrepresented at Wal-Mart for at least the past 25
years. Bendick Report, 9. In 1999, women were significantly underrepresented in managerial
positions at Wal-Mart in 79.5 percent of all Wal-Mart stores, and at Wal-Mart stores in 49 of the
50 states (Wal-Mart operates no stores in the District of Columbia, and there was no overall
under-representation at Wal-Mart stores in Vermont). Bendick Report, 10. The proportion of
stores with a shortfall in women managers is above 50 percent in every state. Bendick Report,
10. Substantial shortfall is found both inside and outside metropolitan areas in all four regions
of the United States. The shortfall is substantially above 50 percent both inside and outside
metropolitan areas in all four regions. Bendick Report, 11. The possibility that the statistically
significant under-representation of women in managerial positions at Wal-Mart is due to chance
is less then one in many billion. Bendick Report, 8. See Exhibit 96 (Retail Benchmarks on
Diversity) WMHO 160312 - 160319.

             Many class members testified that they were promoted later and more slowly than
male employees. Adair Depo. 100:3, 7-16 (male employee promoted to support manager over
female employee who supervised him at store in California); Adams Depo. 137:21-141:12
(female deli manager’s promotion to assistant manager in Florida repeatedly delayed by male
district manager, despite her complaints to corporate office); Adams Depo. 328:6-7 (female
employee in Nevada twice denied promotion to district trainer despite being told she was
qualified); Brooks Depo. 176:22-177:3, 185:22-186:16 (female sales associate in Texas applies
unsuccessfully, despite strong evaluations, three times for promotion to department manager
over three-year period); Dukes Depo. 162:20-163:14 (female employee in California repeatedly
tries unsuccessfully to win promotion to department manager of hardware, TLE, furniture,
housewares, over-the-counter sales, cosmetics, and foods); Kellems Depo. 119:8-10 (female
assistant manager applies unsuccessfully at least 17 times for promotion to store manager in
Arizona, Arkansas, Kentucky, Missouri, Oklahoma, and Texas over the course of approximately
3 years); Kellems Depo. 63:25-64:4 (female employee in Arkansas works for seven years before
being invited to join management training program); Lizzio Depo. 165:4-166:9, 174:13-175:2
(female Sam’s Club cashier in New York with two years’ tenure passed over for promotion to
check-out supervisor in favor of male employee with six months’ tenure and no cashier
experience; female employee required to train male after his promotion); Lund Depo.
88:12-89:2, 92:3-22 (shortly after two female photo center employees in Missouri request photo
center management training and are told by male photo center manager and male district
manager that no openings exist, male employee promoted into photo center management training
program by male district manager); Lund Depo. 107:13-108:3 (two female employees in
Missouri run the photo center for a month in the absence of a photo lab manager but are not
allowed to apply for the position because the district manager has a male in mind for the
position); Lund Depo. 178:16-20, 210:15-19, 214:15-22 (four female photo center employees
apply for promotion to photo center manager at store in Missouri – with support of current male
photo center manager and male store manager -- but are passed over by male district manager in
favor of a male employee with no photo center experience who had sexually harassed two of the
female applicants); Page Depo. 106:1-11 (female employee at a store in Oklahoma granted
promotion by male store manager only after more than one male employee declined the offer);
Stevenson Depo. 150:5-13 (female Sam’s Club employee in Illinois repeatedly denied
promotions to management training program while at least four male employees are selected for
the management training program); Stevenson Depo. 141:21-142:1, 200:6-14 (female Sam’s
Club employee in Illinois denied promotion to produce manager in favor of male employee);
Farmer Depo. 47:7-11, 122:9-124:22 (female employee in Kansas repeatedly denied promotion
to TLE management training program despite excellent evaluations, whereas at least six male
employees with less experience are put into the program); Farmer Depo. 149:21-150:2,
151:8-152:21 (female TLE manager at small store in Kansas repeatedly denied transfer to
higher-volume store in favor of male employees); Dukes Depo. 105:8-106:9 (female cashier in
California denied promotion to sales associate); Dukes Depo. 169:6-10, 171:18-173:12 (female
sales associate in California repeatedly expresses interest in customer service manager position
without success); Dukes Depo. 296:1-5, 250:13-21, 251:2-7 (female customer service manager in
California expresses interest in promotion to support manager; male employee receives the
promotion, which is not posted); Kwapnoski Depo. 272:11-273:7, 340:18-341:11 (female Sam’s
Club employee in California repeatedly passed over for promotion to receiving area manager in
favor of male employees with less experience); Kwapnoski Depo. 344:9-12 (female Sam’s Club
employee in California repeatedly passed over for promotion to freezer cooler team leader in
favor of men with equal or less experience); Stumpf Depo. 235:22-236:19 (three male assistant
managers in Kentucky promoted to store manager before serving six months as assistant
manager, whereas female assistant manager told by male district manager that she may not seek
promotion to store manager until she’s served six months as assistant manager); Stumpf Depo.
263:6-9 (male district manager in Kentucky tells female assistant manager that she is on the
bottom of list of assistant managers to promote, despite her excellent evaluations); Stumpf Depo.
273:17-21 (male manager in Kentucky tells female assistant manager that she may not apply for
regional personnel manager position without first serving as store manager; shortly thereafter,
male assistant manager promoted to regional personnel manager without serving first as store
manager); Lela Smith Depo. 96:19-98:16, 301:19-302:7 (female Sam’s Club employee in Illinois
denied promotion to management training program five times; male employee promoted into
management training program despite shorter tenure with Sam’s Club); Lela Smith Depo.
250:7-251:22 (female Sam’s Club employee in Illinois granted promotion to front end manager
only after two male employees decline the promotion); Odle Depo. 345:13-348:15 (male selected
for co-manager position at Sam’s Club in Oklahoma over female employee with more
experience); Moody Depo. 145:17-146:12 (female merchandiser manager is told the department
is downsizing and she must accept a demotion; after she leaves the position, the department
expands and a male is hired into her former position); Bernarde Depo. 261:6-262:11 (team leader
position at Sam’s Club in Wisconsin not posted; female employee who had been performing job
would have applied but was not informed position was available; male employee selected for
position); Bernarde Depo. 248:13-17 (female employee of Sam’s Club in Wisconsin passed over
for promotion to meat department stocker in favor of male employee); Earwood Depo.
239:16-240:12, 92:10-24, 103:1-11 (female employee in Ohio attempts for four years to gain
promotion to management training program; despite willingness to relocate and recommendation
of district manager, she is not promoted; during same time period, male store manager
recommends three men for the management training program); Rejoice Johnson Depo.
38:19-39:22 (female test scanner in Georgia denied promotion by male store manager after
expressing interest; male store manager instead promotes three men into support manager
positions; female employee is required to train men in support manager responsibilities); Rejoice
Johnson Depo. 255:10-256:11 (female employee in Georgia requests promotion into
management training program from male store manager and male front-end manager; her request
is denied and she is directed to clean out the dumpsters behind the store, although she is not a
custodian); Linde Depo. 325:15-16 (female Sam’s Club and Wal-Mart pharmacist and pharmacy
manager in Kentucky observes that in the pharmacy men are promoted over women at a ratio of
approximately ten to one); Linde Depo. 325:18-327:1 (two female pharmacists passed over for
promotion to pharmacy manager in Kentucky in favor of male pharmacist with equal or lesser
experience); Linde Depo. 260:18-19, 247:2-4, 257:4-22, 249:2-22, 250:15-254:9, 254:21-255:9
(female pharmacist in Kentucky expresses interest in promotion to pharmacy manager to male
district manager but is passed over five times in favor of male candidates); Zapatka Depo.
103:21-23 (female assistant manager at Sam’s Club in Washington tells another female assistant
manager that she has been overlooked for promotions in favor of male candidates); Zapatka
Depo. 169:7-16 (male store manager of Sam’s Club in Washington denies female assistant
manager promotion in favor of male candidate); Deno Depo. ______ (female meat department
employee at Supercenter in New York passed over for meat cutter position in favor of external
male candidate with no meat department experience); Deno Depo. _____ (female meat
department employee denied promotion to meat department manager because she has no meat
cutter experience, which experience she was denied because she is female; male external
candidate hired as meat department manager with no meat cutter experience); Deno Depo. ____
(female meat department employee at Supercenter in New York who is interested in promotion
learns of assistant meat department manager position only when male employee with less
experience tells her he has received the promotion); MacDonald Depo. _____ (three female
employees in South Carolina apply for department manager position but are rejected in favor of
less-qualified male candidate); MacDonald Depo. _____ (female employee in South Carolina is
passed over for promotion to grocery manager position in favor of male employee with equal or
lesser experience; she is interviewed by male management trainee, whereas male candidate is
interviewed by male store manager); Jennifer Johnson Depo. ____ (female co-manager in
Florida observes eight male employees who advanced and gained promotions more quickly than
she did); Jennifer Johnson Depo. _____ (female employee in Florida passed over for promotion
to department manager in favor of male employee with less experience); Jennifer Johnson Depo.
_____ (female employee in Florida observes that fewer than one-third of department managers at
her store are female); Jennifer Johnson Depo. ____ (male store manager denies female employee
in Florida promotion to support manager in favor of male employee with similar qualifications);
Danette Brown Depo. ______ (female employee at Home Office in Arkansas observes male
employees win promotions, whereas she is passed over); Danette Brown Depo. _____ (female
employee repeatedly expresses interest in management training program to management at each
of four stores she works at in Oklahoma and Arkansas, but is never given the opportunity to
interview or apply); Barnat Depo. _____ (female pharmacist in Washington denied promotion to
pharmacy manager in favor of male candidate with fewer qualifications); Roberts Depo. ______
(female employee at Sam’s Club in Texas denied promotion to management training program,
whereas male employee with fewer qualifications is promoted to training program); Kathryn
Johnson Depo. 154:15-155:1, 164:8-165:1 (female associate in Alabama tells another female
associate that she’s not likely to be accepted into management training program because the male
district manager doesn’t like to promote women; a female manager and another female associate
confirm this information).
             Several class members also testified that they observed other females struggle to win
promotions. Jennifer Johnson Depo. _____ (female co-manager in Florida recommends two
men and one woman for promotion; the men are promoted immediately, whereas the woman is
not promoted for another year); Durfey Depo. 175:4-10 (female assistant manager in Washington
waits six years for promotion to co-manager); Furtado Depo. 125:7-126:8 (female co-manager
tells female management trainee in New Mexico she is frustrated with inability to win promotion
to store manager); Lund Depo. 92:3-22 (female employee in Missouri observes approximately 25
management trainees, only three of whom are women); Page Depo. 232:6-11 (female employee
observes three female employees at store in California struggle to get promotions);
Delaney-Rosser Depo. 330:8-330:18 (female employee observes female customer service
manager in Tennessee struggle unsuccessfully to gain promotion to management training
program); Stevenson Depo. 108:12-108:19 (female Sam's Club employee in Illinois observes
very few female managers); Bernarde Depo. 255:14-20 (female Sam’s Club in Wisconsin
observes that only men are promoted to assistant manager training program); Earwood Depo.
103:24-104:8 (female employee in Ohio required to transfer to a different district to gain
promotion into management training program, after her male store manager and male district
manager refuse to recommend her for the program but recommend a male employee with similar
experience for the training program); Danette Brown Depo. ____ (female employee at Arkansas
Supercenter learns that another female employee was denied entry into management training
program over a period of twelve years); Danette Brown Depo. ____ (female employee in
Oklahoma observes that all assistant managers at the store are men); Gorba Dep. (men are
selected for the management training program without having to express an interest; in contrast,
women who express an interested in the program are not selected).

          The Women in Leadership Group identified absence of career development, personal
development or career counseling as an issue. WMHO160584. The Women in Leadership
Group found that Fast-Track Programs lack women as an issue. WMHO160584.

INTERROGATORY NO. 5: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart does not "consistently post job
and promotional openings to ensure that all employees have notice of and an opportunity to seek
advancement or more desirable assignments and training," as alleged in Paragraph 29(a) of
Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO. 5: Plaintiffs incorporate by reference the General
Objections and Responses set forth above.      Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific objections, many Wal-Mart store positions
are not included in the posting policy. Wal-Mart does not post openings to management trainee
positions, Harper Depo., 180:2 - 13. Kintzele (Promotions 30-b-6) Depo. 42:3 -8, or the First
in Line Program. Kintzele (Promotions 30-b-6) Depo., 42:25 - 43:2. Wal-Mart does not
ordinarily post co-manager positions, Harper Depo., 160:3 - 9; Kintzele (Promotions 30-b-6)
Depo: 42:19 - 21, or assistant manager positions. Harper Depo., 161:3 - 5; Kintzele
(Promotions 30-b-6) Depo. 41:22 - 23. Wal-Mart does not post specialty store management
positions. Harper Depo. 173:10 - 12.

            Wal-Mart had no job posting for hourly positions until four or five years ago.
Weaver Depo., (Hourly Promotions 30-b-6) 49:16 - 23. Wal-Mart posts only some of the
hourly positions: department managers and certain administrative positions. Weaver Depo.
Exhibit 318. Even for those positions that are supposed to be posted, Wal-Mart allows the store
managers to have unfettered discretion not to post openings in hourly positions. Harper Depo.,
118:12 - 119:16. Until recently, openings in a particular store were posted only in that store.
Weaver Depo., (Hourly Promotions 30-b-6) 95:2 - 95:24.

            Similarly, the Regional Vice President and the RPM can choose not to post store
manager positions on the MCS system. Harper Depo., 155:11 - 23. Wal-Mart creates
exception reports to show which positions were filled without posting on the MCS system.
Harper Depo., 157:10 - 13.     Wal-Mart reduced the number of days that a position is posted on
MCS from seven days to three. Harper Depo., 178:6 - 25.

            Wal-Mart knows that the lack of consistent job postings is a barrier for

women who want to advance. Jarrells-Porter Exhibit 28 (WMHO 650744). Wal-Mart’s own
documents demonstrate that job posting has been inconsistent. Poland Exhibit 15
(WMHO558025-26), WMHO372140-41; WMHO377953.

           Sam’s Club hourly job openings are not consistently posted. Goodwin (Sam’s Club
Field Operations) Depo., 150:21-151:8. Assistant manager positions at Sam’s Clubs are not
posted. Miller (Sam’s Club Field Operations) Depo., 220:12-14. Co-manager positions at
Sam’s Clubs are not posted. Miller (Sam’s Club Field Operations) Depo., 220:9-11. Sam’s
Club general manager openings are not consistently posted. Miller (Sam’s Club Field
Operations) Depo.,179:2-180:7.

            Optical division hourly positions are not posted consistently. Pozar (30-b-6 Optical
Division Promotions) Depo., 45:15-48:18. Vision center manager positions are not posted
consistently. Pozar (30-b-6 Optical Division Promotions) Depo., 66:9-67:12. Optical district
manager positions are not posted consistently. Pozar (30-b-6 Optical Division Promotions)
Depo., 82:20-83:7, 84:8-24. Optical district manager in training positions are not posted
consistently. Pozar (30-b-6 Optical Division Promotions) Depo., 96:8-17.

            Openings in the photo division management training programs are not posted.
Rosales (30-b-6 Photo Division Promotions) Depo., 29:1-3, 53:14-18. Wireless photo center
manager positions are not posted consistently. Rosales (30-b-6 Photo Division Promotions)
Depo., 66:3-12. Photo division district manager in training positions are not posted. Rosales
(30-b-6 Photo Division Promotions) Depo., 68:24-69:21. Photo division district manager
positions have not been posted consistently on MCS. Rosales (30-b-6 Photo Division
Promotions) Depo., 93:13-24. Photo division regional manager in training positions are not
posted. Rosales (30-b-6 Photo Division Promotions) Depo., 100:12-14.
            Prior to 1998, hourly supervisor positions in TLE were not posted consistently.
Guthrie (30-b-6 TLE Division Promotions) Depo., 36:6-11, 37:17-23. TLE management
training positions are not posted. Guthrie (30-b-6 TLE Division Promotions) Depo., 67:22-68:1.
TLE district manager openings were not posted prior to February 2001. Guthrie (30-b-6 TLE
Division Promotions) Depo., 128:17-24; TLE openings are not posted for lateral transfers.
Warner (30-b-6 TLE Division Transfers) Depo., 76:2-4.

           District manager trainee positions in shoes and jewelry are not posted. Heinle
(30-b-6 Shoes and Jewelry Promotions) Depo., 41:20-22. Shoes and jewelry department
manager positions may be filled without posting. Heinle (30-b-6 Shoes and Jewelry
Promotions) Depo., 93:11-16.

            Pharmacy technician I positions are not posted. Perkins (30-b-6 Pharmacy Division
Promotions) Depo., 26:4-8, 27:3-8. Pharmacy technician II positions are not posted
consistently. Perkins (30-b-6 Pharmacy Division Promotions) Depo., 34:4-11. Pharmacy
assistant manager positions are not posted. Perkins (30-b-6 Pharmacy Division Promotions)
Depo., 43:12-14. Prior to implementation of the MCS system, pharmacy division district
manager openings were not posted. Perkins (30-b-6 Pharmacy Division Promotions) Depo.,
77:14-21.

               Job posting is not used in the Neighborhood Markets. Harper Depo., 137:1 - 9.

             Several class members testified that job openings and promotional opportunities
were inconsistently posted, if at all. Furtado Depo. 75:1-21 (female sales associate in New
Mexico expresses interest in management training program to male district manager, who gives
her no information on entry requirements for the program); Brooks Depo. 192:15-18 (no posting
for support manager position at store in Texas); Lizzio Depo. 117:21-118:15, 187:19-188:6 (no
posting for position in electronics/hardlines at Sam’s Club in New York; male associate hired
after female associate was told there were no open positions); Lund Depo. 98:19-99:1 (female
employee in Missouri never saw job postings online and only infrequently saw jobs posted on
bulletin board, most of which were already filled by the time they were posted); Lund Depo.
182:11-183:3 (no posting for position of photo center manager at store in Missouri); Page Depo.
117:13-118:3 (observes only one job posting during her employment at store in Oklahoma);
Stevenson Depo. 87:15-19 (female employee at Sam’s Club in Illinois observes no job postings
except those that she posts); Dukes Depo. 204:16-18 (position not posted for head customer
service manager position in California); Dukes Depo. 296:1-5, 250:13-21, 251:2-7 (female
customer service manager in California expresses interest in promotion to support manager; male
employee receives the promotion, which is not posted); Kwapnoski Depo. 248:4-6 (center team
leader position at Sam’s Club in California not posted); Miller Depo. 113:16-22, 194:4-8 (female
Sam’s Club employee in Florida observes lack of job postings); Lela Smith Depo. 52:2-4,
250:3-5 (no job postings for positions of team leader and area manager at Sam’s Club in Illinois);
Howard Depo. 165:15-166:7 (female employee in Indiana complains to female manager that
open position in TLE was not posted; female manager discusses posting system with male
district manager but receives no positive response); Odle Depo. 51:9-20 (female Sam's Club
employee in Texas observes no job postings); Odle Depo. 146:14-22 (female Sam's Club
employee in California had no access to information about management training program);
Bernarde Depo. 261:6-262:11 (team leader position at Sam’s Club in Wisconsin not posted;
female employee who had been performing job would have applied but was not informed
position was available; male employee selected for position); Earwood Depo. 102:9-20 (female
employee in Ohio observes that no written information is available on management training
program, nor are assistant manager positions posted); Rejoice Johnson Depo. 231:8-232:5
(female employee in Georgia relies on male store manager to inform her of promotional
opportunities, because no jobs are posted, even after store implements a job-posting policy);
Linde Depo. 260:8-15 (pharmacy manager positions are not posted at Wal-Mart and Sam’s Club
stores in Kentucky); Zapatka Depo. 247:1-7 (female assistant manager at Sam’s Club in
Washington observes that openings for hourly positions were never posted); Deno Depo. _____,
______, _____ (female meat department employee at Supercenter in New York observes no
internal job posting for meat cutter position, meat department manager, or meat department
assistant manager positions); Danette Brown Depo. _____ (female employee at Home Office in
Arkansas is unable to find verbal or written information on promotional opportunities); Danette
Brown Depo. ______ (female employee at four different stores in Oklahoma and Arkansas
observes consistent lack of postings for available positions).

INTERROGATORY NO. 6: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart relies on "unweighted, arbitrary
and subjective criteria . . . in making assignments, training, pay, performance review and
promotional decisions," as alleged in Paragraph 29(b) of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO. 6: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific objections, Wal-Mart personnel policies
permit the exercise of discretion to depart from company requirements.

              Compensation – Although Wal-Mart has set compensation guidelines, Wal-Mart
corporate policy allows Store Managers to make decisions within those guidelines regarding
salaries. Arnold Depo., 69:9-22. For example, when an employee does an “exceptional” job,
he/she may be awarded a merit increase which is separate from the annual performance appraisal
increase. Harper Depo., 52:9 - 24; Harper Depo Exhibit 3 (WMHO 650632); Oshier (Sam’s Club
Field Operations) Depo., 138:18-20; Crawford (30-b-6 Sam’s Club Compensation) Depo., 86:4-8
(Sam’s Club General Managers have discretion to give merit increases to hourly employees for
exceptional performance); Crawford (30-b-6 Sam’s Club Compensation) Depo., 125:22-24
(Sam’s Club area managers are eligible for merit increases if their performance is exceptional).
What constitutes “exceptional” is left up to the discretion of the store manager. Arnold Depo.,
149:11-150:10. Pay increases may also be awarded for “difficult assignments.” Harper Depo.,
68:17 - 69:4.
             Wal-Mart corporate policy dictates salary increases that are associated with
particular performance evaluation scores yet Assistant Managers with the same performance
evaluation scores will receive inconsistent percentage salary increases. Harper Depo., Exhibit 6
(WMHO 650667). Moreover, there is an inverse relationship between years of service and pay
for the highest paid Department Managers. Harper Depo., Exhibit 4 (WMHO205119- 124).
The Wal-Mart Home Office is aware of the inconsistent treatment of employees in this regard.
Id.

             Rising Star Requirement - Until this year, Wal-Mart’s policy limited promotional
opportunities to those candidates who have been placed on the “Rising Star” list. Harper Depo.,
Exhibit 35. The policy leaves the determination of rising stars to the discretion of district and
regional management, based on only vague and excessively subjective criteria. Rising Stars
“[m]ust show high level of leadership skills” and “must be recommended by their immediate
supervisor as an individual who has the capacity and desire to move into positions of greater
responsibility.” Kintzele Depo. Exhibit 313, (WMHO217265 -280). Similarly, Wal-Mart
policy permits the use of arbitrary and standardless criteria to select Sam’s Club rising stars.
Dolan (Sam’s Club Field Operations) Depo., 229:10-24 (Sam’s Club Directors of Operations
have discretion in recommending salaried management to be rising stars); Dolan (Sam’s Club
Field Operations) Depo., 230:1-10, 4-17 (RPM made recommendation if heard an individual’s
name mentioned several times in a positive light). There are no clear criteria for selecting TLE
rising stars. Guthrie (30-b-6 TLE Division Promotions) Depo., 115:15-20, Plaintiffs’ exh. 263
(at WMHO 551922). There are no guidelines for selecting Division One rising stars, other than
being promotable.. Weaver (30-b-6 Promotions) Depo., 80:2-6, 88:19-89:2. The guidelines for
pharmacy division rising stars are flexible. Perkins (30-b-6 Pharmacy Division Promotions)
Depo., 67:4-11.

           Promotion to Hourly Supervisor - Wal-Mart’s policies allow store managers to
apply vague and excessively subjective criteria in determining who to select for promotion to
hourly supervisor positions. Harper Depo., 143:7 - 22; Bosler (30-b-6 Sam’s Club Management
Training) Depo., 52:4-53:16 (no objective criteria used to determine whether to promote hourly
employees to team leader positions).

             Promotion to Management Trainee - Wal-Mart policy provides no posting system for
management trainee positions, which are filled instead through a tap-on-the-shoulder system.
District Managers and RPMs are allowed to rely on vague and ill-defined criteria in selecting
management trainees. Schaffner Depo., 103:22 - 104:10 ; Weaver Depo., 101:21 - 103:13;
Bosler (30-b-6 Sam’s Club Management Training) Depo., 15:9-15, 24:4-9, 64:1-7 (Sam’s Club
team leaders are selected to enter management training based on their work ethic and top
performance); Miller (Sam’s Club Field Operations) Depo., 65:2-13 (Sam’s Club management
trainees selected if general or assistant manager sees potential); Guthrie (30-b-6 TLE Division
Promotions) Depo., 77:11-22, 80:3-18, 82:11-83:3 (criteria for promotion to TLE management
trainee are subjective); Goodwin (Sam’s Club Field Operations) Depo., 236:10-14 (no clear
guidelines); Goodwin (Sam’s Club Field Operations) Depo., 183:15-23 (common sense relied on
to decide who to send to training program for promotable employees); Rosales (30-b-6 Photo
Division Promotions) Depo., 60:19-61:2 (recommendation made if, in manager’s eyes, the
employee was performing above standard).
            Promotion to Store Manager - Although Wal-Mart has a policy to use the MCS
posting system to fill store manager positions, candidates are subject to arbitrary and excessively
subjective exclusion from the system. Employees must obtain permission from their
supervisor in order to post for a position on the MCS system and will not be considered without
the supervisor’s recommendation. Harper Depo., 167:6 - 168:4; Harper Exhibit 27
(WMHO366783); Kintzele (Promotions 30-b-6) Depo. 157:19 - 158:6. See Stumpf Depo. at
213:8 - 216:22, 224:10 - 225:21 (female co-manager told by District Manager that she was not
allowed to post on MCS for store manager positions because RVP would not allow managers to
move from newly open stores, although male managers subsequently allowed to).

            In selecting store managers and general managers, Wal-Mart’s policy permits district
managers and directors of operations to rely on ambiguous and excessively vague subjective
criteria. District managers look for “leadership” ability in store manager candidates. Kintzele
(Promotions 30-b-6) Depo., 193:22 - 194:6. District managers rely on similarly vague and
standardless criteria in determining which candidates to recommend for promotion. Riggs Dep.
143:19-24 - 144:1-11; Miller (Sam’s Club Field Operations) Depo., 174:6-176:6 (describing
why male was selected for a general manager position); Miller (Sam’s Club Field Operations)
Depo., 171:11-172:10 (describing why Todd West was selected for a general manager position).

              Specialty Promotions - Similarly, Wal-Mart policy allows vague and excessively
subjective criteria to be used for selection of specialty managers. Guthrie (30-b-6 TLE Division
Promotions) Depo., 40:21-41:12, 42:7-43:14 (there are no hard and fast criteria for promotions to
TLE department managers); Guthrie (30-b-6 TLE Division Promotions) Depo., 53:6-23, 56:4-15,
58:11-24, 60:1-6 (criteria for promotion to TLE service manager are standardless); Guthrie
(30-b-6 TLE Division Promotions) Depo., 60:7-61:1 (criteria for promotion to TLE support
manager are highly subjective and vague); Warner (30-b-6 TLE Division Transfers) Depo.,
42:24-43:15 (approval of TLE transfer request dependant on personal opinion of
decision-maker); Heinle (30-b-6 Shoes and Jewelry Promotions) Depo., 25:22-26:2, 28:10-14,
32:4-9 (requirements for promotion to jewelry or shoes department manager depend on the
person doing the interview); Heinle (30-b-6 Shoes and Jewelry Promotions) Depo., 51:4-9,
52:6-9 (requirements for promotion to shoes and jewelry district manager trainee depend on the
person doing the interview); Weaver (30-b-6 Promotions) Depo., 69:17-23, 72:5-6 (attitude is
main criteria used in deciding whether to promote employee to department manager); Weaver
(30-b-6 Promotions) Depo., 101:21-102:3, 103:5-9 (leadership ability, attitude and being an
overall good associate are criteria used to recommend promotion to Division One management
training program); Weaver (30-b-6 Promotions) Depo.,105:11-106:1 (comments on evaluation
are more important than rating in deciding whether an employee should be promoted into
management training); Perkins (30-b-6 Pharmacy Division Promotions) Depo., 24:20-25:8
(attitude is a criteria for promotion from pharmacy sales associate to OTC manager).

              Several class members testified that they were subjected to arbitrary and/or
excessively subjective and vague criteria when attempting to win promotions or raises.     Lund
Depo. 182:11-183:3 (no application process for promotion to photo center manager at store in
Missouri); Stumpf Depo. 167:10-13 (one criteria for evaluation of store manager is
“relationship” with regional personnel manager and regional vice president); Moody Depo.
190:19-191:14, 193:19-194:12, 195:15-18 (female district manager in Mississippi informed that
she must relocate her home store to a location closer to the center of her district; no other district
managers required to relocate their home stores; after female district manager accepts demotion
rather than relocate, she is replaced by a man who is not required to relocate his home store);
Linde Depo. 260:8-15 (one criteria for promotion to pharmacy manager is whether the candidate
“is agreeable” to the district manager); Kwapnoski Depo. 334:3-7 (male managers tell female
manager that she must stay in her position for an additional year before they will consider her for
the management training program; she has not heard this requirement before); Zapatka Depo.
142:19-143:13 (male assistant manager of Sam’s Club in Washington allowed to transfer from
one store to another after he complains about the drive; female assistant manager makes the same
complaint but is told she must accept the assignment); MacDonald Depo. _____ (female
employee in South Carolina unable to locate any verbal or written information about
requirements for promotion to department manager); MacDonald Depo. _____ (manager tells
female employee in South Carolina that she did not receive promotion to department manager
because she “did not interview well”); Dalton Depo. 137:21-138:6 (store manager in Illinois tells
female employee she is not “management material” after she expresses interest in management
training program; store manager does not elaborate on any objective requirements for entry into
the program); Katheryn Johnson Depo. 133:18-134:2, 145:9-17 (male store manager refuses to
give female employee in Alabama any specific information about criteria for entry into
management training program; she is also unable to find any specific information on the
walmart.com website); Mathis Depo., _____ (female employee asks to be promoted to the First
in Line program on two occasions, store manager tells her first that she must develop people
skills, and later that she must become a department manager); Kellems Depo. 117:22-118:3,
168:11-19 (computerized Management Career Selection program only allows four simultaneous
applications for store manager position; corporate office tells female co-manager that she must
wait until a position is filled to make an additional application and that she cannot withdraw an
application once made).

INTERROGATORY NO. 7: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that "where Wal-Mart policy states objective
requirements, these requirements are often applied in an inconsistent manner and ignored at the
discretion of management," as alleged in Paragraph 29(b) of Plaintiffs' Third Amended
Complaint.

RESPONSE TO INTERROGATORY NO. 7: Plaintiffs incorporate by reference the General
Objections and Responses set forth above.      Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific Objections, while some Wal-Mart personnel
policies incorporate standards or minimum requirements, these requirements may not be
consistently applied. Because of the close monitoring of all field operations, senior
management is aware of this inconsistent application of standards.
            Promotion to Store Manager - The MCS posting system includes an assessment test
as well as minimum criteria. Harper Exhibit 25. However, Regional personnel may add
additional criteria for positions and those criteria need not be disclosed to the applicants. Harper
Depo. 166:1 - 167:5. Even if a candidate does not pass the assessment, he still may be promoted
to store manager. Kintzele (Promotions 30-b-6) Depo., 156:8-19.

          While Wal-Mart has uniform promotion guidelines for the selection of store
management, district managers may depart from the guidelines “where it is appropriate.”
Harper Depo., 214:21-23;

            Posting of Hourly Jobs - Wal-Mart policy requires that hourly jobs in the stores be
posted unless there is “just cause” not to do so. Harper Depo., 117:13-17. Wal-Mart gives
store managers discretion not to post positions if they choose not to. Harper Depo., 118:12 -
119:16.

            To qualify for posting into an hourly position, Wal-Mart’s corporate policy requires
that an associate must have been in their current position for six months, have no documented
coaching during the prior 12 months, and have a standard or above standard evaluation.
WMHO 153522. Wal-Mart permits store managers to waive these requirements. Harper Depo
124:4 - 10. The no active coaching requirement is not followed consistently. Goodwin
(Sam’s Club Field Operations) Depo., 146:8-18, Goodwin exh. 7 (Sam’s Club); Weaver (30-b-6
Promotions) Depo., 109:21-110:7 (Division One). Similarly, the threshold evaluation score for
promotion is not consistently required. Miller (Sam’s Club Field Operations) Depo.,
187:14-188:5 (promotions to Sam’s Club assistant manager); Weaver (30-b-6 Promotions)
Depo., 110:12-111:1 (Division One promotions). The requirement that an employee be in his or
her current position for six months in order to be eligible for a promotion may be waived.
Jewelry Division Promotions (30-b-6 Shoes and Jewelry Division Promotions) Depo., 25:12-21,
108:8-109:16; Weaver (30-b-6 Promotions) Depo., 107:7- 108:16, 112:22-113:4, Exhibit 318.

             Many class members testified that they observed or were told that “policies” or
“guidelines” could be waived at the discretion of management. Adair Depo. 167:5-14
(relocation requirement for new graduates of assistant manager training program in California
can be waived at discretion of district manager); Adair Depo. 171:14-21 (pay guidelines for
managers in training in California can be overridden by management); Brooks Depo.
189:21-190:1, 192:5-12 (female sales associate informed that she does not qualify for promotion
to support manager because she has not held department manager position, whereas male sales
associate promoted directly to support manager without serving as department manager); Melissa
Howard Depo. 114:16-115:17 (female store manager in Kentucky told she must face demotion if
she can’t meet store standards requirements; two months later a male assistant manager is
allowed to transfer as store manager to another store instead of facing demotion for high shrink);
Page Depo. 192:16-193:1 (managers in California override written policy requiring six months’
tenure prior to transfer); Page Depo. 243:7-18 (written disciplinary policy not followed in respect
to female associate in California); Stevenson Depo. 226:9-11 (female employee of Sam’s Club
in Illinois observes employees who are not required to follow the relocation policy); Farmer
Depo. 154:17-155:3 (female TLE manager denied transfer to higher-volume store because policy
states managers cannot transfer to store they trained in; however, male TLE manager who had
trained in the store is allowed to transfer into position); Farmer Depo. 166:1-8, 166:16-167:7,
168:6-11 (female TLE manager denied transfer to higher-volume store because policy states she
must remain in current store for 12 months; however, male TLE manager allowed to transfer
despite having been in current store only nine months); Stumpf Depo. 235:22-236:19 (three male
assistant managers in Kentucky promoted to store manager before serving six months as assistant
manager after female assistant manager told by male district manager that she may not seek
promotion to store manager until she served six months as assistant manager); Stumpf Depo.
273:17-21 (male manager in Kentucky tells female assistant manager that she may not apply for
regional personnel manager position without serving first as store manager; shortly thereafter,
male promoted to regional personnel manager without serving first as store manager); Odle
Depo. 99:5-10 (female Sam's Club employee observes that management frequently disregards
wage guidelines); Zapatka Depo. 185:17-186:5 (female assistant manager at Sam’s Club in
Washington passed over for assignment to two different departments in favor of male assistant
managers; male store manager tells her she is not eligible for the assignments because she must
spend one year in her current assignment; however, she has never heard this criteria before);
Jennifer Johnson Depo. ____ (male store manager denies female employee in Florida promotion
to support manager, in addition to keeping department manager responsibilities, because she
manages a department that requires a lot of customer service; shortly thereafter, male manager of
another department requiring a lot of customer service is promoted to support manager); Danette
Brown Depo. ____ (female employee at four different stores in Oklahoma and Arkansas
observes frequent exceptions made to the transfer policy that prevents employees from
transferring unless they have good evaluations, no recent coachings, and six months in their
current position). See WMHO212335-527: “Promotions Despite Active Coachings, ” which
lists at least 100 employees promoted to management despite active coachings. (see
WMHO212372).




INTERROGATORY NO. 8: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart utilizes "gender stereotypes in
making employment decisions such as assignments, promotions, pay and training," as alleged in
Paragraph 29(c) of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO. 8: Plaintiffs incorporate by reference the General
Objections and Responses set forth above.      Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific Objections, at the Walton Institute,
managers were trained that the absence of women in senior management was a result of men
being “more aggressive in achieving those levels of responsibility” than women.
WMHO715288. Questions asked by attendees about diversity in the Walton Institute sessions
reflect the frequently-expressed perception that any effort to promote women will mean
promoting unqualified candidates (“lowering standards”) and disadvantaging white men.
WMHO 715256-715262, 715287.

            A study by Diversity Management, Inc. surveyed Walton Institute trainees about
obstacles to obtaining diversity goals. The responses reflect that there is still a strong “good ol’
boy philosophy” and that Operations management are “closed minded” to diversity. WMHO
715283-715285. “Some DMs who don’t have any or very few female store managers don’t
seem personally comfortable with women in leadership roles, which is more of a problem as the
pool of qualified assistant managers diversifies.” WMHO715410. The survey also reflects
that women more strongly than men perceive that women are disadvantaged within the Wal-Mart
system. WMHO 715445 - 455.

             The corporate mentoring program, “Women in Leadership,” identified as an issue
that career decisions are made for associates based on gender. For example, “men are
interviewed as replacements, women are viewed as support;” “opportunities are not offered to
women, if there is risk of failure;” “stereotypes limit opportunities offered to women.”
WMHO160584.

             Some Wal-Mart male managers professed stereotypical views of the preferences of
female employees as a group. John Butler testified that women don’t apply for management
positions because their family situations don’t allow them to take on management responsibilities
or the management schedule doesn’t appeal to them because they can’t be home with their kids.
Butler Depo. 196:20-25 - 197:1-8. Bernie Seaman testified that women are more likely to be in
the fabric area because they know how to sew and cut yardage, which they learn when they grow
up. Seaman Depo. 190:18-24 - 191:1-2. Marcus Ludwig testified that women are more
qualified as managers because they are cleaner, neater, and nicer. Ludwig Depo. 237:1-8.
Another male manager testified that he believed that women were not interested in management
based on his understanding that his own mother was very timid and did not want the
responsibility of supervising anyone. Scantlin Depo., 57:21-24 - 58:1 - 9. Executive Vice
President Celia Swanson has stated that women do not learn mentoring and networking skills
because girls do not participate in team sports. (Leadership Link presentation, August 9, 2002,
see video of presentation and deposition of Swanson.)       There are no guidelines or controls to
ensure that employee work assignments are not based on stereotyping. Keeley Depo., 90:11 -
14, 95:18 - 96:4.

            Several class members testified that they were subjected to gender stereotypes when
seeking better assignments, promotions, higher pay and/or training. Durfey Depo.
123:13-124:3, 125:8-13 (female assistant managers at store in Utah not allowed to staff night
receiving alone, but male assistant managers are); Durfey Depo. 128:18-129:2, 192:21-193:3
(female assistant manager in Utah told repeatedly by store manager that retail is “no place for a
woman”); Melissa Howard Depo. 237:2-15 (male district manager tells female store manager in
Indiana that women should not run a store and that she should be at home with her children);
Lizzio Depo. 236:13-15 (male employee at Sam’s Club in New York receives promotion over
more-qualified female employee because he has a family to support); Midolo Depo. 143:3-4,
146:10-17, 148:7-11, 149:16-22 (female employee in tire department of Florida store required to
clean bathrooms, order uniforms, send uniforms out for cleaning, and cook for department
meetings; male employees are not required to perform any of those assignments); Midolo Depo.
122:1-14; (male TLE shop manager in Florida tells female employee that male district manager
had stated that a woman will never be assistant TLE shop manager or TLE shop manager);
Midolo Depo. 116:7-117:1 (male TLE shop manager in Florida requires female employee to
prove upper-body strength before being assigned a technician position, whereas male employees
are not required to prove physical strength); Profit Depo. 121:15-18 (when female department
manager of health and beauty aids department at store in South Carolina requests training from
male assistant manager, he responds, “I don’t know about any of that feminine stuff”);
Kwapnoski Depo. 108:21-109:1 (male manager at Sam’s Club in Missouri tells female employee
that her pregnancy and “moodiness” may be causing problems with her work); Kwapnoski Depo.
132:16-133:8 (male Sam’s Club employee in California gets raise solely because he has family
to support); Moody Depo. 206:1-17 (male district manager assigns female TLE manager in
Mississippi to clean the stockroom because it needs “a woman’s touch”); Odle Depo. 329:3-19
(female Sam's Club employee in Texas forbidden by male manager from stocking freight);
Bernarde Depo. 248:13-17 (female employee of Sam’s Club in Wisconsin passed over for
promotion to meat department stocker in favor of male employee); Odle Depo. 232:9-16 (female
assistant manager at Sam’s Club in California complains about lower salary in comparison to
male assistant manager and male store manager tells her the male assistant manager receives a
higher wage because he has a family to support); Page Depo. 297:9-13 (store manager in
California tells employees that she intends to hire a man for an open department manager
position in sporting goods); Zapatka Depo. 161:2-16 (male store manager of Sam’s Club in
Washington assigns only male assistant managers to new store because of the physical labor
required to set up new store); Zapatka Depo. 221:17-222:14 (male store manager at Sam’s Club
jokes with male employees of tire department that he doesn’t believe female assistant manager
can supervise that department because she is female); Deno Depo. ______ (male meat
department manager of Supercen ter in New York tells female employee that Wal-Mart does not
hire female meat cutters; male store manager does not contradict the comment); Danette Brown
Depo. ______ (male store manager in Arkansas allows male support manager to close store
without assistance, but requires female support managers to have assistance to close the store);
Danette Brown Depo. ______ (female employee in Arkansas applies for position in Sporting
Goods Department but is denied position by male store manager who assumes she knows
nothing about sports); Danette Brown Depo. _____ (male grocery manager in Arkansas tells
female employee that the grocery department only employs men because the position requires
heavy lifting); ; Mathis Depo., _____ (female employee described as “softlines material” on
evaluations); Mathis Depo., _____ (when female employee assists co- workers with problems,
store manager tells her that women need to learn to be “bitches” to survive in Wal-Mart
management); Mathis Depo., _____ (female employee described on evaluation as “overbearing”
but also told that she needs to be more assertive).

INTERROGATORY NO. 9: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart engages in "[p]re-selection and
'grooming' of male employees for advancement, favorable assignments and training," as alleged
in Paragraph 29(d) of Plaintiffs' Third Amended Complaint.
RESPONSE TO INTERROGATORY NO. 9: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific objections, until this year, promotional
opportunities were limited to those candidates who have been placed on the “Rising Star” list.
Harper Depo., Exhibit 35, 257:14-17; Ellison Dep. 173:3-7. At higher levels, Wal-Mart
undertakes succession planning, which pre-selects employees for special attention in anticipation
of future promotions. See e.g. WMHO5878 - 5936.

            The Management Training Program is the gateway to all salaried management
positions within Wal-Mart. Wal-Mart does not post openings or make information available to
employees on how to get into the program. Harper Depo., Exhibit 29 (WMHO 649821); Harper
Depo. 204:19 -22.      Instead, the management trainees are selected through a
tap-on-the-shoulder system. Men are disproportionately selected for this program. Harper
Depo. Exhibit 52 (WMHO 632718-723). District Managers are given complete latitude in
selecting people to enter the management training program. Their selections are only monitored
for quantity and not quality of participants. Schwindt Dep. 134:15-18; 135:24-25-136:1-5;
195:13-25 - 196:1-4. Martinez Dep. 92:8-11; 147:16-25 - 148:1-6. Butler Dep. 135:4-11.
Seaman Dep. 333:9-23; 337:7-14; 346:16-20.

             Wal-Mart’s job posting policy does not prohibit a manager from pre-selecting the
successful candidate prior to posting a position. Harper Depo, 120:20 - 25. Although District
Manager positions may be posted, typically the decision of who will be made District Manager
has already occurred. Ruiz Dep. Ex. 7 (WMHO642899-901).

            Male employees are frequently promoted to positions for which they did not apply.
See e.g. Bosler (30-b-6 Sam’s Club Management Training) Depo., 32:17-33:5, 36:9-24, 37:13-23
(Mark Bosler); Oshier (Sam’s Club Field Operations) Depo., 261:16-24 (Alan Oshier); Miller
(Sam’s Club Field Operations) Depo.,131:9-20, 133:9-12, 135:19-136:8, 138:24-139:13,
169:11-16 (Mike Miller); Miller (Sam’s Club Field Operations) Depo., 163:24-164:5,
165:2-166:8 (Rob Tinnus); Miller (Sam’s Club Field Operations) Depo., 172:11-20 (Alex
Mauer); Dolan (Sam’s Club Field Operations) Depo.. 25:16-19, 26:8-16, 26:20-24, 27:21-28:7,
31:20-32:3, 43:20-44:6, 49:22-507 (Ben Dolan); Rosales (30-b-6 Photo Division Promotions)
Depo., 14:11-16, 16:12-17:2 (Michael Rosales); Perkins (30-b-6 Pharmacy Division Transfers)
Depo., 14:10-16, 16:20-17:1, 19:24-20:2 (David Perkins); Warner (30-b-6 TLE Division
Transfers) Depo., 11:10-15. Male associates are approached to apply for positions before they
are even posted. Annatone Dep. 51:23-25 - 52:1-7; 54:24-25 - 55:1-3; 63:11-19.

           Male employees obtain favorable assignments through personal friendships and
connections. Oshier (Sam’s Club Field Operations) Depo., 153:17-9 (Brian Lothamer);
Goodwin (Sam’s Club Field Operations) Depo., 205:12-206:4 (Alan Oshier); Dolan (Sam’s Club
Field Operations) Depo., 37:6-16 (Ben Dolan); Rosales (30-b-6 Photo Division Promotions)
Depo., 15:21-16:1 (Michael Rosales).

              Several class members testified that they observed male employees who were
groomed or pre-selected for advancement. Dukes Depo. 320:20-321:22 (preselection of
employees to fill open positions discourages female employee in California from applying after
several unsuccessful attempts); Durfey Depo. 110:12-111:9 (male assistant manager with less
experience assigned to night receiving, a stepping stone to promotion, over two female assistant
managers at a store in Utah); Melissa Howard Depo. 152:20-154:2 (female co-manager in
Indiana discouraged from applying for promotions to store manager after learning from
management that male candidates had been pre-selected); Kellems Depo. 143:3-6 (male assistant
manager offered promotion to store manager without making application, whereas female
assistant manager was never offered a promotion without application, and she never actually won
a promotion); Kellems Depo. 148:13-149:4 (female co-manager twice observes a man win
promotion to store manager despite no interviews of any other candidates); Lund Depo.
88:12-89:2, 92:3-22 (shortly after two female photo center employees in Missouri request photo
center management training and are told by male photo center manager and male district
manager that no openings exist, male employee tapped for the photo center management training
program by district manager); Lund Depo. 107:13-108:3 (two female employees in Missouri run
the photo center for a month in the absence of a photo lab manager but are not allowed to apply
for the position because the district manager has a male in mind for the position); Stevenson
Depo. 151:10-16 (female Sam’s Club employee in Illinois observes several male employees
being groomed for management training); Farmer Depo. 156:16-157:1 (when male TLE manager
in Kansas is fired, he names male as his replacement, and female TLE manager is not allowed to
apply to transfer into the position); Delaney-Rosser Depo. 329:16-330:7 (female assistant
manager observes in various Wal-Marts in different states that male employees are given more
desirable assignments and more training than female employees); Bernarde Depo. 261:6-262:11,
254:21-255:3 (team leader position at Sam’s Club in Wisconsin not posted; female employee
who had been performing job would have applied but was not informed position was available;
male employee pre-selected for position); Earwood Depo. 136:14-22 (male assistant manager
trainee tells female employee in Ohio that he was pushed into training program by male store
manager even though he did not express interest); Zapatka Depo. 174:23-175:3 (male assistant
manager at Sam’s Club in Washington allowed to transfer from one department to another
because he needs the assignment for further advancement).

           In the annual grassroots surveys, employees repeatedly express high levels of
concern about favoritism in the stores with respect to distribution of work, promotions, overtime
and assignments. See Lem Albrecht Depo., Exhibits 170, 174 - 176.




INTERROGATORY NO. 10: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart has "largely sex-segregated job
categories and departments," as alleged in Paragraph 29(e) of Plaintiffs' Third Amended
Complaint.

RESPONSE TO INTERROGATORY NO. 10: Plaintiffs object to this Interrogatory as overly
broad, unduly burdensome, and premature. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory. Plaintiffs
further object to this Interrogatory on the grounds that it is unduly burdensome and oppressive to
the extent that it asks respondents to state with specificity each and every fact that supports,
forms the basis, or otherwise relates to Plaintiffs' contention that Wal-Mart has "largely
sex-segregated job categories and departments," where this information is more readily
obtainable form Defendant’s own records

Without waiving the foregoing General and Specific Objections, Plaintiffs respond as follows:
Wal-Mart’s personnel database demonstrates that the position of cashier is predominantly
female. Women are more likely than men to work in the front end. Dolan (Sam’s Club Field
Operations) Depo., 152:6-9, Dolan Depo. Exh. 7; Butler Depo., 200:5 - 14.

            The position of hourly Personnel Manager in the stores is 94.7 % female. Poland
Exhibit 14 (WMHO 559558).

            Between 1999 and 2002, between 91% and 96% of Meat and Deli Manager were
male. Harper Depo., Exhibit 50 (WMHO 646853). In contrast, Specialty Department
Managers are 89% female, and Department Managers overall are 78% female. Harper Depo.
Exhibit 49 (WMHO 377069).

           The photo manager position is frequently filled by women. Oshier (Sam’s Club
Field Operations) Depo., 52:14-21, 53:19-15 (describing individuals who have filled the photo
manager position in Sam’s Club no. 6612).

          Most Rising Star Assistant Managers are responsible for “hardlines.” Harper Depo.
Exh. 46. Wal-Mart’s monthly reports show counts for position by gender.

Harper Depo. Exhibits 52 and 55.

            There are no female Divisional Vice Presidents nor has there ever been. Swanson
Depo., _____; Harper (Org. Structure 30-b-6) Depo., 231:1 -5. Women represent fewer than
6% of the Regional Vice Presidents and only 9.5% of the District Managers. Harper Depo.
Exhibits 52 and 55.

            Nearly every class member testified that job categories and departments are
sex-segregated within stores. Adair Depo. 185:2-18, 242:18-243:3 (female assistant manager in
California only assigned to “hardlines” [furniture, fabrics, domestics] and “softlines” [clothing,
never to sporting goods or hardware); Adair Depo. 186:15-18, 195:4-9 (female employee never
observed a female assistant manager over sporting goods, hardware, or garden at a store in
California); Furtado Depo. 326:14-327:8 (male assistant manager tells female associate that
Wal-Mart would not “waste” a male employee in the domestics department); Durfey Depo.
208:2-6 (female assistant managers at store in Utah were not assigned to supervise sporting
goods, hardware, garden); Lizzio Depo. 55:9-12, Odle Depo. 58:15-16 (low-paying demonstrator
position at Sam’s Clubs in New York and Texas almost exclusively filled by women); Lund
Depo. 291:6-15, 292:4-7, 293:11-16, 296:8-11 (sporting goods, lawn and garden, and hardware
almost exclusively male; softlines and cashiers almost exclusively female at store in Missouri);
Page Depo. 116:16-20, 117:13-20, 297:9-13 (at stores in Oklahoma and California, females hold
almost all positions at registers, in customer service, clothing departments, lingerie; males hold
almost all positions in automotive, grocery; only female managers were over the front end); Page
Depo. 297:9-13 (store manager in California tells employees that she intends to hire a man for an
open department manager position in sporting goods); Farmer Depo. 47:7-11, 122:9-124:22
(female employee in Kansas repeatedly denied opportunity to join TLE management training
program despite her excellent evaluations, whereas at least six male employees with less
experience are put into the program); Dukes Depo. 372:18-373:20 (female employee in
California observes that female employees primarily staff softlines, cosmetics, courtesy desk,
and cash office); Lela Smith Depo. 289:5-12 (female Sam’s Club employee in Illinois applies for
transfer to receiving area manager position but granted transfer to front end manager position
instead); Furtado Depo. 114:16-115:14, 233:18-234:5 (female management trainee in New
Mexico promised assignment in receiving area, but then reassigned to apparel; male trainee
assigned to receiving); Moody Depo. 175:9-177:12 (female district manager for shoes and
jewelry in Mississippi has only one male department manager over either shoes or jewelry
department in the approximately 25 departments she supervises); Bernarde Depo. 294:11-16
(female Sam’s Club employee in Wisconsin observes that almost all female employees are
cashiers, whereas men staff most of the rest of the store); Zapatka Depo. 250:6-25 (female
assistant manager of Sam’s Club in Washington observes that female employees are assigned
almost exclusively to positions as cashiers, demonstrators, or bakery employees; male employees
are assigned to the tire shop, meat department, freezer/cooler department, and as cart pushers);
Lolmaugh Depo. _____ (female employee who served on hiring committee at store in Indiana
was trained to steer men into departments such as stocking, shipping, receiving, lawn and garden,
and hardware; women are steered into departments such as fabrics and crafts, shoes and jewelry,
bakery, softlines, and cashiering); MacDonald Depo. _____ (all employees at store in South
Carolina informed that they will be trained to work cash registers; however, only female
employees are trained); Jennifer Johnson Depo. ______ (female employee in Florida observes
that female employees are generally only assigned to manage departments in the softlines areas);
Danette Brown Depo. ____ (female employee in Oklahoma observes that all departments have
female managers except sporting goods); Danette Brown Depo. _____ (female employee at four
different stores in Oklahoma and Arkansas observes that men are predominantly employed in the
automotive, sporting goods, hardware, meat, grocery, produce, and unloading departments);
Dalton Depo. 145:10-12 (female employee in Illinois observes that all customer service
managers are women, and almost all cashiers are female); Katheryn Johnson Depo. 242:20-243:2
(female employee in Alabama observes only one female employee in Sporting Goods department
and no female employees in Large Appliance or Grocery departments); Mathis Depo., _____
(employee on the hiring committee told “a strong man” is needed for a particular position); Bell
Depo., _____ (female employee told to hire men for stockers in grocery and “girls” for deli).
           This widespread sex-segregation is a barrier to promotion for many women, since
employees are more frequently promoted into management from the traditionally “male” jobs
and departments. Adair Depo. 195:4-9 (management of departments such as Garden,
Hardwares, and Sporting Goods is a stepping stone to promotion to support manager).

INTERROGATORY NO. 11: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart engages in "[d]eterrence and
discouragement of female employees from seeking advancement, training, and favorable
assignments and pay," as alleged in Paragraph 29(f) of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO. 11: Plaintiffs incorporate by reference the General
Objections and Responses set forth above.      Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific Objections, Wal-Mart recognized at least a
decade ago that relocatability was no longer needed for business reasons and that maintaining the
requirement was a barrier to the advancement of women. See S.Walton, Made in America.
See also Harper Depo. Exhibit 64. Despite this, Wal-Mart has maintained a requirement that
management candidates be willing to relocate as a prerequisite to promotion. Kintzele Depo.
Exhibit 302 (WMHO 1588522-23); Butler Dep. 149:21-25 - 150:1-2 - 151:22-25 - 152:1-3, Ex.
26 (WMHO220230-44) (willingness to relocate is a requirement for promotion into
management); Carter Exhibit 16 (WMHO 200512); Harper Depo Exhibit 47 (WMHO369487).
Sam’s Club general managers, co-managers and assistant managers must be able to relocate.
Crawford (30-b-6 Sam’s Club Compensation) Depo., 129:23-25, 144:4-11; 231:7-232:3; Stumpf
Depo., 68:1 - 8. Sam’s Club candidates for the management training program are asked whether
they are willing to relocate. Bosler (30-b-6 Sam’s Club Management Training) Depo., 28:9-15,
82:9-14. Ability to relocate is a criteria for salaried management and hourly supervisor rising
stars. Dolan (Sam’s Club Field Operations) Depo., exh. 13. Willingness to relocate is a
requirement of the First in Line program. Dolan (Sam’s Club Field Operations) Depo., exh13.
Relocatability is discussed with optical division rising star candidates. Pozar (30-b-6 Optical
Division Promotions) Depo., 121:15-122:8. Willingness to relocate within the district is a
criteria for management training candidates in the photo division, photo center managers, and
photo center rising stars. Rosales (30-b-6 Photo Division Promotions) Depo., 25:6-8, 12,
33:12-15, 61:16-19. Willingness to relocate within the region is a criteria for becoming a photo
division district manager in trainng. Rosales (30-b-6 Photo Division Promotions) Depo.,
71:21-72:3. Pharmacy district manager trainees must be willing to relocate within a “quadrant”
of the United States. Perkins (30-b-6 Pharmacy Division Transfers) Depo., 18:15-19:23.
Willingness to relocate is considered in selecting pharmacy division rising stars. Perkins
(30-b-6 Pharmacy Division Promotions) Depo., 67:24-69:5. TLE management trainees must be
able to relocate. Guthrie (30-b-6 TLE Division Promotions) Depo., 80:23-81:5; Plaintiffs’ exh.
259.
           Wal-Mart concedes that the inability to relocate can negatively affect the speed with
which an employee moves up in the company. Jarrells-Porter Depo. 105:13-18.

             This policy includes the requirement that management trainees not be placed as
assistant managers in stores in which they were hourly associates. Harper Depo., 239:18 -
240:10; Harper Depo Exhibit 42. However, it is not a necessary management practice to assign
an assistant manager to store different from where they served as an hourly employee. Weaver
(Promotions 30-b-6) Depo. 15:13-20, 85:4 - 87:5.

             Since the filing of this lawsuit, Wal-Mart’s official policy has shifted to treating
relocatability as a “preferred” but not required position. Harper Depo. Exhibit 44. The change
in “official” policy appears to be a response to the lawsuit. See Harper Depo. Exhibit 48
(WMHO650820). Wal-Mart’s change in policy, in the face of litigation, underscores that the
“requirement” was not necessary to meet their business needs.

             While Wal-Mart has, on and off, had a policy to allow one Resident Assistant
Manager per store, Harper Depo., Exhibit 43 (WMHO 215699)- Harper (Org. Structure 30-b-6
Depo.) 169:22 - 170:25, 171:25 - 173:12, the record reflects that the policy was at best
half-heartedly implemented and primarily as window-dressing. Wal-Mart has not consistently
communicated this policy to the field. Schaffner Depo. 181:17 - 182:4. There has been no
publicity or posting of the policy to the hourly associates since at least 1996. Curran (Resident
Asst. Mgr 30-b-6) Depo, 55: 14 - 20. Wal-Mart has taken no steps to encourage individuals to
avail themselves of the Resident Assistant Manager program. Curran (Resident Asst. Mgr
30-b-6) Depo, 82:25 - 83:5. There are fewer people in the program today than in the mid-90s.
Harper Depo., 246:11 - 17. See response to Interrogatory No. 14 re disparate application of
relocation requirement.

            Other Wal-Mart policies also deter and discourage women. Employees must obtain
permission from their supervisor in order to post for a position on the MCS system and will not
be considered without the supervisor’s recommendation. Harper Depo., 167:6 - 168:4.
Wal-Mart does not post openings in the management training program nor does it provide
written information to hourly associates about how to get into the program. Harper Depo.,
Exhibit 29 (WMHO 649821); Harper Depo. 204:19 -22.

             Several class members testified that various policies and practices discouraged them
from seeking promotions, favorable assignments and/or raises. Adair Depo. 130:5-9 (male store
manager in California did not inform female employee of requirements to enter management
training program, although she repeatedly expressed interest); Adair Depo. 40:1-3 (female
assistant manager steps down from position and later quits out of frustration with unequal pay,
delayed promotions, and hostile work environment at stores in California and Tennessee);
Adams Depo. 112:11-14 (female deli manager expresses interest in promotion and is told that the
male district manager does not approve of women in management); Adams Depo. 136:20-137:18
(female deli manager told she needs additional training to enter assistant manager training
program, but is also told that the assistant manager training program is the only avenue to obtain
the training); Furtado Depo. 49:12- 51:13 (male assistant manager threatens female sales
associate in New Hampshire with demotion/transfer to cashier position after she requests transfer
to New Mexico); Delaney-Rosser Depo. 133:13-17 (female assistant manager in Texas assigned
twice to graveyard shifts, whereas male assistant managers were assigned only once); Durfey
Depo. 167:20-168:10 (female assistant manager in Utah quits after one year due to hostile
working conditions and lack of promotions); Melissa Howard Depo. 152:20-154:2 (female
co-manager in Indiana discouraged from applying for promotions to store manager after learning
from management that male candidates had been pre-selected); Melissa Howard Depo.
238:21-239:5 (male district manager tells female store manager in Indiana that she should
voluntarily step down or she will be terminated, because a woman should not be in charge of a
store; after she accepts demotion, store manager position is given to a male); Melissa Howard
Depo. 307:22-308:11, 345:1-20 (female store manager resigns because of unequal pay, hostile
work environment, slow promotions, and preferences granted to male employees; she knows
other female employees interested in management who were discouraged because of the
treatment she received); Page Depo. 297:9-13 (female employee in California decides to not
apply for position of sporting goods department manager after store manager tells employees that
she intends to hire a man); Profit Depo. 119:18-120:10, 102:3-7 (female department manager in
North Carolina steps down after failing to receive training and staffing necessary to do her job,
especially in comparison with male department managers); Odle Depo. 323:2-324:4 (male
director of operations for Sam's Club in Texas rejects cost-saving plan proposed by two female
assistant managers, then accepts same plan proposed by male general manager, who tells female
managers “It's a man thing”); Moody Depo. 131:6-13 (female assistant manager requests
assistance of male regional vice president to remedy hostile work environment at store in
Mississippi so she does not feel compelled to resign, but he refuses to help); Moody Depo.
145:17-146:12 (female merchandiser manager is told the department is downsizing and she must
accept a demotion; after she leaves the position, the department expands and a male is hired into
her former position); Moody Depo. 190:19-191:14, 193:19-194:12, 195:15-18 (female district
manager in Mississippi informed that she must relocate her home store to a location closer to the
center of her district; no other district managers required to relocate their home stores; after
female district manager accepts demotion rather than relocate, she is replaced by a man who is
not required to relocate his home store); Earwood Depo. 98:8-17 (male store manager refuses to
recommend female employee in Ohio for management training program, despite her requests and
the recommendation of other managers); Earwood Depo. 117:18-118:2 (female employee in
Ohio attempts to transfer to a different district after male store manager and male district
manager refuse to recommend her for assistant manager training program; male store manager
blocks her transfer); Midolo Depo. 122:1-14; (male TLE shop manager in Florida tells female
employee that male district manager had stated that a woman will never be assistant shop
manager or shop manager); Deno Depo. _____ (female employee of Supercenter in New York is
denied information on promotional opportunities by three male managers); Deno Depo. ____
(male meat department employee at Supercenter in New York tells female meat department
employee that he will not take orders from her if she wins promotion to lead associate and that he
will make her life difficult); MacDonald Depo. ______ (female employee in South Carolina
observed several managers who disregarded associate comments on evaluations); Jennifer
Johnson Depo. _____ (after female assistant manager in Florida tells male district manager that
she wants promotion to co-manager rather than lateral transfer to district office, district manager
tells male store manager to “do whatever you want with her”; store manager then assigns female
assistant manager to night shifts); Danette Brown Depo. _____ (female employee’s manager at
Home Office in Arkansas never inquires into her career goals); Danette Brown Depo. _____
(female employee repeatedly expresses interest in management training program to management
at each of four stores she works at in Oklahoma and Arkansas, but is never given the opportunity
to interview or apply); Katheryn Johnson Depo. 152:19-153:18, 162:3-11 (male district manager
in Alabama refuses, over course of several months, to review female employee’s application for
management training program, telling her, “Naw, sug, I haven’t gotten to it yet”).

            Several class members testified that Wal-Mart disregarded its “no quit” policy,
which states that no employee should be allowed to quit without first being encouraged to remain
with the company. Women were allowed to quit with no exit interview or encouragement to
stay. Adair Depo. 324:2-3 (female assistant manager in Tennessee never had exit interview);
Kellems Depo., _____ (district manager does not discourage female co-manager with 17 years
experience from resigning); Furtado Depo., (same).

INTERROGATORY NO. 12: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart "[p]rovid[es] less training and
support to female employees and managers than that given to male employees and managers," as
alleged in Paragraph 29(i) of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO. 12: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific Objections, several class members
testified that they received less training and support than male employees. Adair Depo.
154:5-11 (female employee promoted to support manager in California received no training in
new job duties); Furtado Depo. 114:16-115:14 (female management trainee in New Mexico
promised assignment in receiving area as part of training rotation, but then reassigned to apparel;
male trainee assigned to receiving); Furtado Depo. 121:6-12 (male store manager prevents
female management trainee in New Mexico from obtaining on-the-job training to complete her
training program); Durfey Depo. 204:16-205:3 (female assistant manager in Utah never allowed
to supervise night receiving, sporting goods, or garden center); Lizzio Depo. 129:5-10 (female
Sam’s Club employee in New York denied full training on operation of forklift, despite
requesting the training; male employee given full opportunity to train and become certified on
forklift operation); Profit Depo. 119:18-120:10, 102:3-7, 161:11-15, 165:11-20 (female
department manager in North Carolina steps down after failing to receive training and staffing
necessary to do her job, especially in comparison with male department managers); Rankin
Depo. 170:10-19 (two female managers in training receive insufficient training at a store in
California); Stevenson Depo. 127:7-8 (female Sam’s Club employee in Illinois coached by male
manager for poor appearance of her department, despite the fact that she has asked repeatedly for
additional staffing and been denied); Stevenson Depo. 149:14-19 (female Sam’s Club employee
in Illinois denied training for produce manager position, despite repeated requests); Farmer
Depo. 232:16-234:13 (male TLE management trainees in Kansas receive one-on-one training
from male district manager whereas female management trainee does not); Stumpf Depo.
263:6-9 (male district manager in Kentucky tells female assistant manager that she is on the
bottom of list of assistant managers to promote, despite her excellent evaluations); Odle Depo.
162:14-163:2 (female Sam's Club management trainee receives training in only one area of store
operations and receives no feedback on progress from male general manager); Earwood Depo.
253:15-254:12 (female hourly personnel manager denied the support of a hiring committee by
male store manager); Linde Depo. 203:17-205:9 (female pharmacy manager receives less
training than male pharmacy managers, despite requesting more training from male regional
manager); Zaptaka Depo. 194:6-20, 196:16-197:15 (female assistant manager at Sam’s Club in
Washington requests more training from Store Director but receives none); Zapatka Depo.
100:8-13 (female assistant manager trainee at Sam’s Club in Washington is never assigned to
specific department for training, whereas male trainees are); Zapatka Depo. 172:20-173:2 (male
store manager at Sam’s Club in Washington refuses to allow female assistant manager to spend
sufficient time in one department to learn the operations); Zapatka Depo. 141:9-17, 18-22
(female assistant manager at Sam’s Club in Washington passed over for assignments to grocery
and operations department in favor of male assistant managers, although female assistant
manager needs those assignments in order to qualify for further promotion); Zapatka Depo.
220:4-11 (male store manager at Sam’s Club in Washington denies female assistant manager’s
request for training to obtain meat cutter’s license); Zapatka Depo. 223:1-224:1 (male store
manager of Sam’s Club in Washington denies female assistant manager’s request for training on
profit and loss reports); Mason Depo. 74:2-6 (female bakery management trainee at Supercenter
in Wisconsin receives less training than male trainees); Mason Depo. 119:13-16 (female bakery
management trainee observes other female trainees complain about lack of training in
comparison to male trainees); MacDonald Depo. _____ (female department manager in South
Carolina tells another female employee that she receives less assistance with her department than
male department managers receive); Jennifer Johnson Depo. _____ (female co-manager is
denied assistance of assistant manager during December rush, whereas male managers are not
denied assistance); Barnat Depo. _____ (female pharmacist in Washington denied assistance
when pharmacy understaffed); Roberts Depo. _____ (female management trainee at Sam’s Club
in Texas denied training in all areas of store operation, whereas male trainees are provided this
training); Roberts Depo. ____ (female assistant manager at Sam’s Club in Texas denied training
and support by male merchandising manager, whereas male assistant manager receives necessary
support); Katheryn Johnson Depo. 45:2-5 (female employee in Alabama forced to work alone on
sales floor, despite repeated complaints to assistant manager and store manager for assistance);
Lolmaugh Depo., ______ (female employee required to work as bakery manager for eight
months before being placed in the management training program).

INTERROGATORY NO. 13: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart "[h]arass[es] female employees
interested in advancement and subject[s] them to a hostile work environment," as alleged in
Paragraph 29(j) of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO 13: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

           Without waiving the foregoing General and Specific Objections, male district and
store managers go out to strip clubs during the year-beginning and holiday company meetings.
Riggs. Dep. 196:1-5; Jesse James Brown Dep. 185:8-12. Seaman Dep. 321:1-3; Sherman
Depo., 259:10-23; Schaffner Depo., 194:19 - 195:9; Sims Depo., 185:3-14. See Howard
Depo., 180:16 - 190:7.

           Upper level managers within the company go on annual hunting trips (where there
may be a handful of women at the most). Tompkins Depo. 159:24-25 - 160:1. The events are
“team-building” activities, Swanson Depo. ____, and a reward for senior managers.
Schwindt Depo. , 58: 3-14.

             Several class members testified to experiencing sexual harassment and being
subjected to a hostility that was not directed at male employees. Adair Depo. 180:7-12 (female
assistant manager subjected to hostile work environment by male district manager in California);
Adair Depo. 182:9-18, 224:7-21 (two female assistant managers subjected to hostile work
environment by male divisional vice president in California); Adair Depo. 279:8-19 (female
assistant manager subjected to hostile work environment by acting vice president in Tennessee);
Durfey Depo. 151:6-8 (male store manager in Utah screams at female assistant managers and
department managers and throws furniture, but does not subject male managers to such
behavior); Melissa Howard Depo. 47:12-16 (male regional vice president insults female assistant
manager and other female employees but does not denigrate male management); Melissa
Howard Depo. 144:10-19 (male store manager met with male assistant managers off-site at bars
and the horse racing track but did not invite female assistant manager); Melissa Howard Depo.
179:5-19 (only female store manager in an Indiana district twice required to attend district
meetings with male district manager at Hooter’s Restaurant); Melissa Howard Depo. 180:16-20,
181:10-182:15, 184:3-186:14, 190:1-7 (female managers subjected to derogatory sexual talk by
male managers while traveling to corporate meeting; female managers required to attend three
strip clubs with male managers during trip to corporate meeting; male manager offers female
manager money to have sex with him and a stripper; after female managers repeatedly express
their discomfort, male managers drop them off at hotel and state they are going to a massage
parlor; female manager does not complain about strip clubs or comments because she has heard
from other women that such events are common at Wal-Mart); Lund Depo. 138:2-11, 153:10-13,
155:1-4, 210:15-19 (female photo center employee in Missouri and other female employees
repeatedly harassed by male employee; comments include “bend over” when female employees
wear skirts or loose blouses, “here, sit down, I’ll clear a place for you” accompanied by wiping
his mouth, and “your ass fills out your jeans nicely”; when informed of the harassment, male
district manager tells female employee to deal with it herself; the harasser is later selected for
promotion over the female employees whom he harassed); Lund Depo. 258:3-21 (male district
manager and male store manager ignore female employee at Missouri store but talk frequently
with male employees and management); Rankin Depo. 268:10-271:19 (female assistant manager
in California subjected to abusive comments and behavior from male district manager);
Stevenson Depo. 218:9-16 (male managers at Sam’s Club in Illinois override authority of two
female managers by terminating their employee without their knowledge or approval); Farmer
Depo. 239:17-22 (male regional manager regularly goes to lunch with male TLE manager and
male district manager but excludes female TLE manager from lunch); Kwapnoski Depo. 72:7-21
(female employee at Sam’s Club in Missouri sexually harassed by male assistant manager who
says he would like to “drill” her); Kwapnoski Depo. 156:7-157:4 (male store manager and
assistant manager at Sam’s Club in California denigrate female employees and managers but do
not treat male employees and managers poorly); Kwapnoski Depo. 160:1-10 (male general
manager of Sam’s Club in California gives male employee sufficient overtime, whereas female
employee is required to perform two jobs in time allotted for one); Kwapnoski Depo. 164:1-6
(male general manager of Sam’s Club in California tells female employee to “blow the cobwebs
off” her make-up and “doll up”); Kwapnoski Depo. 166:16-22 (male director of operations in
California excludes female area managers from conversations with male managers in the store);
Miller Depo. 299:22-300:21 (female Sam’s Club employee in Florida observes male employees
watching pornographic videos in customer waiting area during open hours); Surgeson Depo.
75:15-76:9, 82:7-14 (male TLE employee in California grabs the buttocks of female TLE cashier
and makes sexual comments to her; conduct continues after female employee complains to
management); Midolo Dep. 141:5-16 (male TLE managers at store in Florida tell male
employees to disregard female manager-on-duty's authority); Odle Dep. 177:19-178:8 (male
Sam's Club general manager in California overrides female manager's authority to discipline her
employees); Moody Depo. 125:20-126:6 (male district manager in Mississippi subjects female
assistant manager and other female managers to hostile work environment); Moody Depo.
214:2-215:7, 217:10-18 (male district manager offers female TLE manager assistance with
promotions in return for sexual favors); Earwood Depo. 142:23-144:9 (female employee in Ohio
observes another women who quits after she is harassed by a male manager); Linde Depo.
294:8-295:6, 306:11-13 (male store manager at Sam’s Club in Kentucky refuses to include
female pharmacy manager in store management meetings); Adams Depo. 216:2-4 (male district
manager in Nevada calls female employee a “dumb broad”); Zapatka Depo. 106:22-107:9 (male
store manager at Sam’s Club in Washington tells female assistant manager he likes “fast cars,
fast booze, and fast women”); Zapatka Depo. 112:15-113:9 (male store manager at Sam’s Club
in Washington calls himself a “good ole boy”; he invites male assistant managers to play golf, go
fishing, and go drinking after work but does not invite female assistant manager); Zapatka Depo.
121:23-25, 122:25-123:3 (male store manager at Sam’s Club in Washington tells store
employees that female assistant manager is a “weak link” and will not be successful in
management); Zapatka Depo. 168:1-13, 21-26 (female assistant manager at Sam’s Club in
Washington observes male store manager harass two female managers in attempt to force them
to quit); Zapatka Depo. 130:23-131:10 (male store manager of Sam’s Club in Washington makes
disparaging comments to other employees about female assistant manager’s body, then calls her
on a private line at work after she files a complaint); Zapatka Depo. 123:12-21, 138:25-139:9,
139:15-17, 201:2-4, 201:2-4 (male store manager of Sam’s Club in Washington treats several
female managers and female employees poorly and makes repeated comments about their
unattractiveness or attractiveness); Deno Depo. _____ (male meat department manager of
Supercenter in New York tells sexually explicit stories to male meat department employees in
presence of lone female meat department employee; when female employee complains, male
meat manager tells her, in front of other male employees, “You’re the kind of girl I would fuck
and throw along the side of the road”; male store manager makes no investigation in response to
her complaint); Deno Depo. ____ , ______, ______ (three different male meat department
managers and other male meat department employees of Supercenter in New York repeatedly
call female meat department employee “bitch,” “cunt” and “fucking cunt”); Deno Depo. _____
(male manager of Supercenter in New York tells female employee that female store manager was
only hired because Wal-Mart is trying to meet a quota, that the female store manager is “dumb as
rocks,” and that women should be “home barefoot and pregnant”); Deno Depo. ____ (male meat
department employee at Supercenter in New York tells female meat department employee that
he will not take orders from her if she wins promotion to lead associate and that he will make her
life difficult); Jennifer Johnson Depo. _____ (male store manager tells female co-manager in
Florida that she has a “strike” against her because she’s female); Danette Brown Depo. _____
(female employee in Oklahoma observes male assistant manager make inappropriate sexual
remarks to female co-worker); Roberts Depo. ____ (male co-manager at Sam’s Club in Texas
makes sexual jokes in front of female employees); Roberts Depo. _____ (female employee of
Sam’s Club in Texas learns that male store manager offered management position to female
employee in exchange for sexual favors); Dalton Depo. 214:2-6 (male hardware department
manager in Illinois makes sexually inappropriate comments about female employees to the male
employees in his department); Katheryn Johnson Depo. 48:5-8, 49:4-9, 52:11-17 (male store
manager in Alabama tells female employee, “You are a lot prettier than my wife”; on another
occasion, after the female employee jokingly tells store manager she will pick up a brassiere off
the floor if he gives her five dollars, he says, “Is that all you’ll do for five dollars?”; on another
occasion, when the female employee is driving the store manager to his car, at his request, he
says, “Let’s keep driving. We can go to a hotel room and have some fun.”); Mathis Depo.,
_____ (store manager tells employees in store meeting that named plaintiffs in Dukes are a
bunch of “vindictive women.”); Adair Depo. 183:6-8 (female assistant manager would have
applied for further promotions but for the hostility she experienced and witnessed towards other
female managers at stores in California and Tennessee).

INTERROGATORY NO. 14: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart's "relocation policy is applied
disparately between male and female employees, to the disadvantage of female employees," as
alleged in Paragraph 29(k) of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO 14: Plaintiffs incorporate by reference the General
Objections and Responses set forth above.      Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific Objections, male employees are placed in
their preferred geographic locations. Goodwin (Sam’s Club Field Operations) Depo.,
217:19-219:21; Oshier (Sam’s Club Field Operations) Depo., 261:1-15, 262:9 (Alan Oshier);
Oshier (Sam’s Club Field Operations) Depo., 153:17-9 (Brian Lothamer).

            Female employees, on the other hand, are frequently frustrated in their attempts to
win promotions by the relocation policy. Adair Depo. 167:5-14 (relocation requirement for new
graduates of assistant manager training program can be waived at discretion of district manager);
Furtado Depo. 107:3-11, 163:9-11, 232:4-7 (male district manager tells female management
trainee in New Mexico that she cannot be promoted in the same store where she trained after she
informs him she is unable to relocate, although she observed male trainee promoted in store
where he trained, and despite the fact that there are two open positions at that store); Bell Depo.,
____ (female employee told that she cannot attend management training unless she can relocate
for position three hours away while male employee allowed to promote from hourly to assistant
manager in the same store); Delaney-Rosser Depo. 362:18-363:11 (female applicant to
management training program in Louisiana told she must relocate to a different store for training,
though she knows a male management trainee in Virginia who was not required to relocate);
Earwood Depo. 219:15-19 (two male assistant manager trainees in Ohio are allowed by male
district manager to train and be promoted in same store, rather than relocating); Moody Depo.
190:19-191:14, 193:19-194:12, 195:15-18 (female district manager in Mississippi informed that
she must relocate her home store to a location closer to the center of her district; no other district
managers required to relocate their home stores; after female district manager accepts demotion
rather than relocate, she is replaced by a man who is not required to relocate his home store);
Zapatka Depo. 64:11-20, 89:9-11, 142:25-143:13 (female assistant manager trainee at Sam’s
Club in Washington assigned to a store that requires a daily three-hour commute, despite having
been told by male store manager that she will be assigned to a store nearer her home; four male
trainees are assigned to stores nearer their homes).

INTERROGATORY NO. 15: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart "[r]etaliat[es] against female
employees who have complained either internally or externally about Wal-Mart's treatment of its
female employees," as alleged in Paragraph 29(l) of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO 15: Plaintiffs incorporate by reference the General
Objections and Responses set forth above. Plaintiffs incorporate by reference the responses to
Interrogatory No. 1 and interrogatory responses previously provided for the class member and
fact witnesses. Plaintiffs incorporate by reference the responses to all other interrogatories in
Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the right to rely on
expert and other testimony that may address the matters raised by this interrogatory.

Without waiving the foregoing General and Specific Objections, many class members
experienced or observed retaliation after making complaints about Wal-Mart's policies and
practices. Adams Depo. 216:2-15 (male district manager in Nevada tells female co-manager
that she will be fired if she doesn’t transfer immediately to another district, after female
co-manager writes letter of complaint to district manager’s supervisor); Adams Depo. 204:8-15
(male district manager threatens female employee with termination after she disagrees with a
coaching he gives her); Delaney-Rosser Depo. 132:16-133:4 (after female assistant manager in
Texas complains about discriminatory assignment to the graveyard shift, male store manager and
district manager force her to transfer); Lizzio Depo. 155:2-12 (after female Sam’s Club
employee in New York complains about being passed over for promotion in favor of
less-qualified male, she receives lower annual raise); Lund Depo. 226:16-21, 227:9-18,
228:14-22 (female employees of photo center at Missouri store have their hours reduced after
complaining about sexual harassment by male photo center manager; sole male photo center
employee has his hours increased); Profit Depo. 198:4-9 (male store manager retaliates against
female employee in North Carolina after she complains about his failure to give her adequate
training); Rankin Depo. 163:12-17 (male store manager tells female assistant manager in
California that upper management will retaliate if she uses the open door); Rankin Depo.
272:4-273:9 (male district manager verbally coaches female assistant manager after she submits
a list of problems with the store to upper management); Stevenson Depo. 70:16-18 (male
manager tells female employee of Sam’s Club in Illinois that she will face retaliation if she
complains of discrimination to members of upper management); Stumpf Depo. 227:14-17
(female manager told by female regional personnel manager to not use open door policy to
complain to male divisional vice president about gender discrimination); Stumpf Depo. 267:3-9
(manager threatens employees with coachings after employees complain to district office about
manager’s behavior); Stumpf Depo. 179:20-180:1, 88:18-20, 73:10-13, 82:6-12 (female manager
repeatedly disciplined unfairly after complaining to management about pay discrimination,
failure to promote, and treatment by other managers); Surgeson Depo. 77:9-23 (female employee
in California involuntarily transferred out of her position after complaining to management about
sexual harassment by male co-worker); Surgeson Depo. 239:4-8 (female employee in California
denied merit raise after complaining to male manager regarding failure to grant previous merit
raise); Moody Depo. 190:19-191:14, 193:19-194:12, 195:15-18, 190:19-191:9 (female district
manager over specialty division in Mississippi told she must relocate her home store, which
requires her to relocate her home, after she complains to regional vice president about unfair
coaching; no other district managers required to relocate their home stores); Earwood Depo.
34:22-35:16 (female employee in Ohio terminated after complaining to male store manager and
male district manager about gender discrimination in pay); Earwood Depo. 187:3-15 (female
department manager in Ohio demoted to sales associate after complaining to male store manager
and male district manager about behavior of assistant manager); Linde Depo. 300:12-15 (female
Sam’s Club pharmacy manager threatened with termination by male assistant manager after
making complaints about her working conditions); Zapatka Depo. 142:25-143:13 (after female
assistant manager at Sam’s Club in Washington complains about unequal pay, she is transferred
to a store that requires her to make a three-hour commute daily, despite having been told by the
male store manager that she will be assigned to a store local to her home); Zapatka Depo.
140:19-141:8 (after female assistant manager at Sam’s Club in Washington complains about
sexual harassment by male store manager, she is kept in the assignment of overnight assistant
manager for three months, longer than any male assistant manager); Deno Depo. ____ (after
female employee of Supercenter in New York complains of discriminatory denial of promotion,
she is denied promotion to infants’ department manager); Deno Depo. ____ (female employee of
Supercenter in New York verbally coached for suggesting that another female employee use the
open door to complain of gender discrimination); Jennifer Johnson Depo. _____ (after female
assistant manager in Florida tells male district manager that she wants promotion to co-manager
rather than lateral transfer to district office, district manager tells male store manager to “do
whatever you want with her”; store manager then assigns female assistant manager to night
shifts); Roberts Depo. _____ (after female assistant manager at Sam’s Club in Texas complains
about lack of training and support, she steps down from position; she applies for lead associate
position but is denied the assignment because of her “history” and subsequently assigned to work
as a swing shift cashier).

           Wal-Mart has itself found that many employees generally do not trust the Open Door
process. See e.g. Lem Albrecht Depo. Exhibit 163 (WMHO219955); Wesbecher (Open Door
30-b-6) Depo. Exhibit 241.
INTERROGATORY NO. 16: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that Wal-Mart engages in "a pattern of unequal
assignments, pay, training, and advancement opportunities" for women as alleged in Paragraph
29 of Plaintiffs' Third Amended Complaint.

RESPONSE TO INTERROGATORY NO. 16: Plaintiffs incorporate by reference the General
Objections and Responses set forth above.         Plaintiffs incorporate by reference the
responses to Interrogatory No. 1 and interrogatory responses previously provided for the class
member and fact witnesses. Plaintiffs incorporate by reference the responses to all other
interrogatories in Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the
right to rely on expert and other testimony that may address the matters raised by this
interrogatory.

Without waiving the foregoing General and Specific Objections, the patterns of discrimination
against women are present in 49 of the 50 states. Bendick, Representation of Women Among
Managers at Wal-Mart: A Preliminary Analysis Based on EEO-1 Data (hereinafter, “Bendick
Report”), 10.   Pay and promotion inequity are consistent across the company. Harper Depo.
Exhibit 7 - Minority/Gender Pay Analysis (WMHO386574-624) (“average salaries for female
and minority males are below the overall average pay for most jobs”); Harper Depo., Exhibits
58 (Gap Analysis) (WMHO665710) and Exhibit 59 (Division 1 Operations Gap Analysis/Action
Plan)(WMHO665703-709). Fewer women than men are promoted. Bosler (30-b-6 Sam’s
Club Management Training) Depo., 84:17-85:5 (Only approximately one-quarter of the
management trainees that Mark Bosler approved while Director of Operations have been
women)

             Senior management is fully aware of disparate pattern based upon regular reports
received, site visits and management meetings. Butler Depo., 213:3 - 23; Harper Depo.,
283:15-21, 288:18-20; WMHO363415. Notwithstanding this knowledge, Wal-Mart officials
have made no effort to investigate the causes of this pattern. Harper Depo., 36:3 - 37:14;
Swanson Depo., ____.

            Class members in management positions had the opportunity to observe the lack of
female representation in management. Furtado Depo. 220:22-221:2, 277:18-278:2 (female
management trainee collects data on percentage of women in management and concludes that
discrimination against women has reached “epidemic” proportions); Melissa Howard Depo.
342:6-13 (female manager was the only female manager at several stores and often the only
female manager within several districts). Furtado Exh. 5, PWM 0004432-35 (visual
representation of the low numbers of women in management positions nationwide).



INTERROGATORY NO. 17: State with specificity each and every fact that supports, forms the
basis, or otherwise relates to Plaintiffs' contention that "Wal-Mart has maintained a system for
making decisions about promotions, assignments, transfers and compensation which is
excessively subjective and which has had a disparate impact on female employees . . . [and] that
less discriminatory alternatives exist that could equally serve any alleged necessity," as alleged
in Paragraph 102 of Plaintiffs' Third Amended Complaint.

             RESPONSE TO INTERROGATORY NO. 17: Plaintiffs incorporate by reference
the General Objections and Responses set forth above. Plaintiffs incorporate by reference the
responses to Interrogatory No. 1 and interrogatory responses previously provided for the class
member and fact witnesses. Plaintiffs incorporate by reference the responses to all other
interrogatories in Defendant’s Third Set of Interrogatories. Plaintiffs specifically reserve the
right to rely on expert and other testimony that may address the matters raised by this
interrogatory.

Without waiving the foregoing General and Specific Objections, Wal-Mart senior management is
fully aware of the patterns of disparate treatment based upon their own internal reports and
comparisons with their competitors. Harper Depo. Exhibits 63 (510430-38); Butler Depo.,
213:3 - 23; Harper Depo., 283:15-21, 288:18-20; WMHO363415. Despite the overwhelming
evidence of a system of discriminatory treatment, Wal-Mart officials have failed to investigate
the causes of the system. Harper Depo., 36:3 - 37:14, Swanson Depo., ___. Where
recommendations and alternatives have been suggested to improve diversity, they have largely
not been implemented.       Swanson Depo., ____; Harper Depo., 318:2 - 22, 320:20 - 321:1,
335:23 - 336:8, 337:17 - 338:4, 339:18 -21, 341:2 - 11, Exhibit 65 (WMHO365621), Exhibit 66
(WMHO559170); Exhibit 67 (WMHO632747); Exhibit 71 (WMHO646265), Exhibit 72,
WMHO715386 - 415; Bilgischer Depo. 111:22 - 112:3, 113:22-25, WMHO160018 –21;
Jarrells-Porter Exhibit 3 (WMHO 393830); Jarrells-Porter Depo. 87:7-88:10; Jarrells-Porter
Exhibit 4 (WMHO 363376).




Dated: November 19, 2002                      Respectfully submitted,




By:

                                                                      Jocelyn D. Larkin

THE IMPACT FUND
SHEILA THOMAS

DORIS NG

EQUAL RIGHTS ADVOCATES



STEVE STEMERMAN

ELIZABETH LAWRENCE

DAVIS, COWELL & BOWE



JOSEPH SELLERS

CHRISTINE WEBBER

COHEN, MILSTEIN, HAUSFELD & TOLL



STEPHEN TINKLER

MERIT BENNETT

TINKLER & BENNETT



DEBRA GARDNER

PUBLIC JUSTICE CENTER




Attorneys for Plaintiffs

				
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