Pidich Lori by I5F6rC7C


									1    BRAD SELIGMAN (SBN 083838)                                     JOSEPH SELLERS
     JOCELYN D. LARKIN (SBN 110817)                                 CHRISTINE WEBBER
2    THE IMPACT FUND                                                COHEN, MILSTEIN, HAUSFELD & TOLL
     125 University Avenue                                          West Tower – Suite 500
3    Berkeley, CA 94710                                             1100 New York Avenue
     Telephone:    (510) 845-3473                                   Washington, D.C. 20005-3964
4    Facsimile:    (510) 845-3654                                   Telephone:   (202) 408-4600
                                                                    Facsimile:   (202) 408-4699
     SHEILA Y. THOMAS (SBN 161403)                                  STEPHEN TINKLER
6    DEBRA A. SMITH (SBN 147863)                                    MERIT BENNETT
     EQUAL RIGHTS ADVOCATES                                         TINKLER & BENNETT
7    1663 Mission Street, Suite 250                                 309 Johnson Street
     San Francisco, CA 94103                                        Santa Fe, New Mexico 87501
8    Telephone:    (415) 621-0672                                   Telephone:    (505) 986-0269
     Facsimile:    (415) 621-6744                                   Facsimile:    (505) 982-6698

10   STEVE STEMERMAN (SBN 067690)                                   DEBRA GARDNER
     ELIZABETH LAWRENCE (SBN 111781)                                PUBLIC JUSTICE CENTER
11   DAVIS, COWELL & BOWE                                           500 East Lexington Street
     100 Van Ness Avenue, 20th Floor                                Baltimore, MD 21202
12   San Francisco, CA 94102                                        Telephone:    (410) 625-9409
     Telephone:    (415) 626-1880                                   Facsimile:    (410) 625-9423
13   Facsimile:    (415) 626-2860
15   200 McAllister Street
     San Francisco, CA 94102
16   Telephone:    (415) 565-4685
     Facsimile:    (415) 565-4854
     Attorneys for Plaintiffs
                                          UNITED STATES DISTRICT COURT
                                       NORTHERN DISTRICT OF CALIFORNIA
     BETTY DUKES, PATRICIA SURGESON,                              Case No. C-01-2252 MJJ
22   KAREN WILLIAMSON, on behalf of
     themselves and all others similarly situated,
23                                                              DECLARATION OF LORI PIDICH IN
                       Plaintiff,                               SUPPORT OF PLAINTIFFS’ MOTION
24                                                              FOR CLASS CERTIFICATION
28   Declaration of Lori Pidich in Support of Plaintiffs’ Motion for Class Certification     Case No. C-01-2252 MJJ
1    I, Lori Pidich, declare:
2             1. I am a woman and a former Wal-Mart employee. After working for Wal-Mart for six
3    years, I was fired because I would not relocate my home.
4             2. I began working at Wal-Mart in 1994 when I was twenty-three years old. Prior to
5    working at Wal-Mart, I worked for more than four years as a front end supervisor at two different
6    retail stores. I had also earned an Associates degree in applied retail science. At my interview to
7    work for Wal-Mart, I told Assistant Manager John Kramer that I was interested in a career with Wal-
8    Mart because I had heard that the company provided advancement opportunities. I love the retail
9    environment and was excited to work for Wal-Mart. I had heard of Wal-Mart’s reputation as our
10   country’s up-and-coming retailer.
11            3. From 1994 until 2000, I worked as an hourly employee in the following positions:
12   customer service manager, jewelry department manager, electronics department associate,
13   accessories department manager, girls department manager, and infants department manager.
14   During this period, I worked in a Division One Wal-Mart store in West Miflin, Pennsylvania and in
15   a Wal-Mart Supercenter in Mount Pleasant, Pennsylvania.
16            4. In 1995, after having worked as jewelry department manager, I was transferred to the
17   electronics department. At the time, there was no department manager in electronics. I assumed the
18   responsibilities of department manager, but was not given the title. While I was working in the
19   electronics department, I received an annual evaluation. I was rated “above standard.” A manager
20   wrote on the evaluation that “Lori will be a department mng [manager] someday.” A true and
21   correct copy of that evaluation is attached hereto as Pidich Exhibit A. After I began working in the
22   department, a male employee, named Eric Deutsch, transferred into the department and became the
23   department manager. Mr. Deutsch did not know how to run the department. I trained Mr. Deutsch
24   to be the electronics department manager. I never saw a posting for the electronics department
25   manager position that Mr. Deutsch filled, and I was never offered the position.
26            5. During my career as an hourly employee of Wal-Mart, I repeatedly told my supervisors
27   that I wanted to be promoted to a support manager or Assistant Manager position. I saw male
28   Declaration of Lori Pidich in Support of Plaintiffs’ Motion for Class Certification   Case No. C-01-2252 MJJ
1    department managers being promoted more quickly than I was. Eric Deutsch, the electronics
2    department manager that I trained, was promoted to support manager and then to the management
3    training program. Brian Lemley, the chemicals department manager, was promoted to support
4    manager and later to Assistant Manager. Scott Stanley, the sporting goods department manager, was
5    promoted to support manager and later to the management training program. Bob Mathers, a
6    receiving department employee, was promoted to support manager and then to the management
7    training program. Chad Mathers, the food department manager, was promoted to support manager
8    and then to the management training program. These five men were promoted to support manager,
9    management training, and Assistant Manager positions years before I was invited to enter
10   management training.
11            6. After becoming Assistant Managers, Bob Mathers and Brian Lemley continued to work in
12   the West Miflin Wal-Mart store. Mr. Mathers and Mr. Lemley were not required to relocate. As
13   Assistant Managers, Scott Stanley and Chad Mathers were assigned to Wal-Mart stores in the
14   Pittsburgh area. My home is within commuting distance of Pittsburgh, Pennsylvania.
15            7. I received an annual evaluation in October 1997. Assistant Manager Krista Bobnar wrote
16   on that evaluation that I “would make a good support manager.” A true and correct copy of that
17   evaluation is attached hereto as Pidich Exhibit B. I saw a support manager position posted in the
18   store where I worked on only one occasion. I applied for the position, but was not selected. Despite
19   the comment on my evaluation, I was never promoted to the position of support manager.
20            8. When Bob Mathers was promoted to support manager, I asked Store Manager Herman
21   Enderle why Mr. Mathers was promoted instead of me and why the position was not posted. Mr.
22   Enderle told me that it was his decision, that I should just keep working hard, and that there would
23   be other opportunities in the future. Because Mr. Enderle did not tell me that I could do anything to
24   get promoted, other than working hard as I was already doing, I did not think that using the “open
25   door” would be effective when Chad Mathers, Brian Lemley, and Eric Deutsch were promoted to
26   support manager positions instead of me.
28   Declaration of Lori Pidich in Support of Plaintiffs’ Motion for Class Certification   Case No. C-01-2252 MJJ
1             9. I began working at the Mount Pleasant Supercenter in September 1999. Although I was
2    classified as a UPC clerk, I frequently performed special assignments. I trained department
3    managers. I traveled to different stores in the district to perform STAR audits. I worked on a “high
4    shrink review” at the Belle Vernon, Pennsylvania store. I helped prepare the Uniontown store for an
5    inventory. I worked at the Washington, Pennsylvania Wal-Mart store while it was being converted
6    to a Supercenter, helping Assistant Manager Michelle Jones to run the Division One store while the
7    new Supercenter was being set-up. I assumed the responsibilities of the softlines Assistant Manager
8    in the Mount Pleasant store when the Assistant Manager was on a leave of absence. In that capacity,
9    I prepared the softlines department managers for a scheduled inventory.
10            10. In the summer of 2000, District Manager David Rulli asked me if I wanted to interview
11   for the management training program. Mr. Rulli told me that Mount Pleasant Store Manager Delia
12   Gerdes had recommended me. Ms. Gerdes was the first and only female Store Manager for whom I
13   had worked at Wal-Mart. Ms. Gerdes became Store Manager of the Mount Pleasant store only a few
14   months before Mr. Rulli approached me about entering the management training program.
15            11. I told Mr. Rulli that I wanted to be promoted to management, but I did not want to
16   relocate my home. I have lived in the same area of western Pennsylvania all of my life. All of my
17   family lives there, including my grandmother who resided in a nursing home. I was willing to drive
18   to any store within the district and to stores outside of the district that are within commuting
19   distance. Mr. Rulli told me that I would not have to relocate my home and that, as an Assistant
20   Manager, I would be placed in a store within the district.
21            12. Mr. Rulli completed a form that showed that I was being promoted to the management
22   training program. He told me that he had written on the form that I could not relocate. A true and
23   correct copy of that form is attached hereto as Pidich Exhibit C. “No Relo” is written on the bottom
24   left-hand corner of the form.
25            13. On the same day, I signed another form stating that I agreed “to move” following
26   completion of the training program. A true and correct copy of the form is attached hereto as Pidich
27   Exhibit D. I understood my signature to mean that I would have to move to a different store after
28   Declaration of Lori Pidich in Support of Plaintiffs’ Motion for Class Certification   Case No. C-01-2252 MJJ
1    completing the training program. I did not understand my signature to mean that I would have to
2    move my home. I trusted District Manager Rulli’s promise that, as an Assistant Manager, I would
3    be assigned to a store within his district.
4             14. I transferred to the Belle Vernon, Pennsylvania store to do my training. I began the
5    training program later than planned because, at the time that I was scheduled to begin, I was I
6    performing the duties of softlines Assistant Manager in the Mount Pleasant Supercenter. The Store
7    Manager in Mount Pleasant would not let me leave the Mount Pleasant Supercenter.
8             15. As I was nearing completion of the management training program, Belle Vernon Store
9    Manager Jim Lowe informed me that I was assigned to work as an Assistant Manager in a Wal-Mart
10   store in Shrewsbury, Pennsylvania. Shrewsbury is about a four or five hour drive from my home. It
11   is not in the district where I was working.
12            16. I spoke to District Manager Rulli about my assignment to Shrewsbury. I reminded Mr.
13   Rulli of the paper on which he had written that I would not be relocated. Mr. Rulli denied writing
14   that.
15            17. I used the “open door” policy to contact Regional Personnel Manager Kirk Garza. After
16   I explained the situation, Mr. Garza replied that it was my word against Mr. Rulli’s word, and that he
17   believed Mr. Rulli. I told Mr. Garza that a male in the management training program, Charles
18   “Vince” Garufi, had been assigned to work in the Wal-Mart store in Uniontown, Pennsylvania,
19   within Mr. Rulli’s district. To my knowledge, Mr. Garufi had never worked for Wal-Mart before
20   entering the management training program. Mr. Garza told me that he would not discuss other
21   trainees’ assignments with me. Mr. Garza told me that my only options were to transfer to
22   Shrewsbury or to resign. I asked Mr. Garza if I could step down to an hourly position. Mr. Garza
23   refused to permit me to step down, even though doing so would enable me to continue working for
24   Wal-Mart. I found that the “open door” policy was ineffective.
25            18. After I was told of my assignment to Shrewsbury, I learned that there was an opening for
26   a girls department manager in the Belle Vernon, Wal-Mart store where I was doing my training. I
27   applied for the position. I had managed the girls department at the West Miflin store, and I had
28   Declaration of Lori Pidich in Support of Plaintiffs’ Motion for Class Certification   Case No. C-01-2252 MJJ
1    years of experience managing other softlines departments. I was not interviewed for, or offered, the
2    position.
3             19. On January 19, 2001, I was fired from Wal-Mart because I refused to transfer to
4    Shrewsbury. A few weeks after I was fired, I received a call from Belle Vernon Store Manager Jim
5    Lowe. Mr. Lowe told me that he would permit me to call Store Managers outside of Mr. Rulli’s
6    district to find out whether there were any openings for hourly positions. Mr. Lowe told me that I
7    could not ask those Store Managers if there were any Assistant Manager openings.
8             20. After I was fired, I filed a complaint with the Pennsylvania Human Relations
9    Commission. In that complaint, I alleged that Wal-Mart discriminated against me on the basis of my
10   gender by assigning me to Shrewsbury while assigning a male employee, Vince Garufi, to a store
11   within the district where I worked. A true and correct copy of that complaint is attached hereto as
12   Pidich Exhibit E.
13            21. At my deposition, Wal-Mart produced a response to my discrimination complaint. A
14   true and correct copy of the response is attached here to as Pidich Exhibit F. The response is verified
15   by Robert C. DeMoss, Corporate Counsel of Wal-Mart Stores, Inc. In paragraph 5 of the response,
16   Wal-Mart “denies employing a male associate, Mr. Garufi.” That statement by Wal-Mart Corporate
17   Counsel is false.
18            22. I have personal knowledge of each and every fact set forth in the Declaration, and if
19   called to testify as a witness in this matter, I could and would competently testify to each of these
20   facts.
21            I declare under penalty of perjury of the laws of the United States and State of Pennsylvania
22   that the foregoing is true and correct.
              This Declaration was signed by me on ______________________, 2003, at

26                                                                   _____________________________
28   Declaration of Lori Pidich in Support of Plaintiffs’ Motion for Class Certification   Case No. C-01-2252 MJJ

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