Coones Rita

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					1    BRAD SELIGMAN (SBN 083838)                   JOSEPH SELLERS
     JOCELYN D. LARKIN (SBN 110817)               CHRISTINE WEBBER
2    THE IMPACT FUND                              CHARLES TOMPKINS
     125 University Avenue                        JULIE GOLDSMITH
3    Berkeley, CA 94710                           COHEN, MILSTEIN, HAUSFELD & TOLL
     Telephone:    (510) 845-3473                 West Tower – Suite 500
4    Facsimile:    (510) 845-3654                 1100 New York Avenue
                                                  Washington, D.C. 20005-3964
5                                                 Telephone:   (202) 408-4600
                                                  Facsimile:   (202) 408-4699
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     IRMA D. HERRERA (SBN 98658)                  STEPHEN TINKLER
7    DEBRA A. SMITH (SBN 147863)                  MERIT BENNETT
     EQUAL RIGHTS ADVOCATES                       TINKLER & BENNETT
8    1663 Mission Street, Suite 250               309 Johnson Street
     San Francisco, CA 94103                      Santa Fe, New Mexico 87501
9    Telephone:    (415) 621-0672                 Telephone:    (505) 986-0269
     Facsimile:    (415) 621-6744                 Facsimile:    (505) 982-6698
10
     SHEILA Y. THOMAS (SBN 161403)                DEBRA GARDNER
11   EQUAL RIGHTS ADVOCATES                       PUBLIC JUSTICE CENTER
     5260 Proctor Avenue                          500 East Lexington Street
12   Oakland, CA 94618                            Baltimore, MD 21202
     Telephone:    (510) 339-3739                 Telephone:    (410) 625-9409
13   Facsimile:    (510) 339-3723                 Facsimile:    (410) 625-9423
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     STEVE STEMERMAN (SBN 067690)                 SHAUNA MARSHALL (SBN 90641)
     ELIZABETH LAWRENCE (SBN 111781)              HASTINGS COLLEGE OF THE LAW
15
     DAVIS, COWELL & BOWE                         200 McAllister Street
     100 Van Ness Avenue, 20th Floor              San Francisco, CA 94102
16
     San Francisco, CA 94102                      Telephone:    (415) 565-4685
     Telephone:    (415) 626-1880                 Facsimile:    (415) 565-4854
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     Facsimile:    (415) 626-2860
18
     Attorneys for Plaintiffs
19                                UNITED STATES DISTRICT COURT
20                               NORTHERN DISTRICT OF CALIFORNIA

21   BETTY DUKES, PATRICIA SURGESON,              Case No. C-01-2252 MJJ
     CLEO PAGE, CHRISTINE KWAPNOSKI,
22   DEBORAH GUNTER, KAREN WILLIAMSON             DECLARATION OF RITA COONES
     AND EDITH ARANA, on behalf of themselves     IN SUPPORT OF PLAINTIFFS’
23   and all others similarly situated,           MOTION FOR CLASS
                                                  CERTIFICATION
24                  Plaintiff,

25       vs.
     WAL-MART STORES, INC.,
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                    Defendant
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28   DECLARATION OF RITA COONES IN SUPPORT OF                               Case No. C-012252 MJJ
     PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
1    I, Rita Coones, declare:
2       1. I make this declaration on the basis of my personal knowledge, and, if called as a witness,
3    could and would testify competently to the facts herein.
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        2. I was employed by Wal-Mart, Inc. in Austin, Texas from September 9, 1995 through October
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     15, 1999. I am female.
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        3. My initial assignment was as a stocker in the Receiving Department on the night shift. My
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     job consisted primarily of unloading trucks and stocking merchandise into the correct storage
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9    locations. At the time I was hired, I was the only female on the night receiving team.

10      4. On my ninety day review, I received an “above standard” evaluation and a $0.35 an hour

11   raise. This increased my initial pay rate from $6.50 to $6.85 an hour. One month later, in December
12   1995, I received another $0.20 an hour merit raise for my “hard work on night receiving” and “in
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     appreciation and recognition of [my] capabilities.” (Attached hereto as Coones Exhibit A is a true
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     and accurate copy of the Commendation Form dated December 1995.) This raised my pay to $7.05
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     an hour.
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        5. Throughout the time I worked as a stocker, I observed that men were allowed to operate the
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18   forklift while female associates were not. Although I asked Store Manager Scott Sloan to be trained

19   in the use of the forklift, he denied my requests without any explanation. I learned from my female

20   co-workers, Dawn Luna and Cindy Brown, that they too had been denied training on use of the
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     forklift when they worked as stockers. As I could not use the forklift, my ability to perform my
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     tasks was by necessity dependent upon the cooperation of the male employees who had been
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     provided the forklift training. I was not able to do all the tasks that the men in the Receiving
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     Department could do, and I felt I was viewed as not as capable an employee.
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        6. In 1996, I asked Store Manager Sloan to be promoted to the support manager position for the
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27   night Receiving Department. I was qualified for this position because I had already been working
                                                                                                           2
28   DECLARATION OF RITA COONES IN SUPPORT OF                                           Case No. C-012252 MJJ
     PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
1    there for one year. Store Manager Sloan gave the position to Mike [last name unknown]. Instead of
2    a promotion, Store Manager Sloan moved me to a day receiving position in “directs.” This position
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     required me to scan merchandise that came in through the back loading area. It did not involve
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     unloading trucks or stocking merchandise.
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        7. On my annual evaluation in September 1997, I received another “above standard” ranking
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     and in the comments section, I wrote: “My goal is to move up (Support Team Manager)….”
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8    (Attached hereto as Coones Exhibit B is a true and accurate copy of my 1997 performance

9    evaluation.) I also told Store Manager Sloan during our discussion of this evaluation that I wanted to

10   advance with the company. I asked him what I could do to move up but he ignored my question and
11   did not respond. Later, when two support manager positions opened up in the Receiving Department
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     that year, I told Store Manager Sloan that I was interested in these promotions. I was not offered
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     either position even though by now, I had been working in day and night receiving for about two
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     years and was very capable of performing the support manager position. Instead, Store Manager
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     Sloan again promoted two men into these positions, neither of whom, to my knowledge, had any
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17   prior experience working in Wal-Mart’s receiving departments. One of the men who received the

18   support manager position was Mike [last name unknown] who had worked in the Furniture and

19   Sporting Goods Departments. He was fired after approximately three months in the position of
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     support manager. As best I recall, the first name of the other man who was promoted over me at that
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     time was Rodney. I no longer recall his last name or prior position.
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        8. In 1998, another night support manager position opened up in the Receiving Department. I
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     again informed Store Manager Sloan that I wanted to apply for the position. Prior to promoting a
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     male into the night support manager position, Store Manager Sloan offered me the position of
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26   Department Manager of Lingerie. I told him that I would prefer the support manager position in

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28   DECLARATION OF RITA COONES IN SUPPORT OF                                         Case No. C-012252 MJJ
     PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
1    receiving. He told me that he would prefer me in lingerie and that is the job I received. The
2    Lingerie Department consisted exclusively of female associates and female department managers.
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     With this promotion, I received a $0.50 an hour raise so that my pay rate was $8.50 an hour.
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        9. On my annual evaluation that same year, I again expressed interest in promotion. In the
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     comments section, I wrote: “I will strive for excellence in my department…. I also would like to
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     move up in the Company as a Support Manager and then a[n] Asst. Mgr.” (Attached hereto as
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8    Coones Exhibit C is a true and accurate copy of my 1998 performance evaluation.) During my

9    meeting with Store Manager Sloan regarding this evaluation, I again asked him what I could do to

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

18      11. Despite my track record of average or above average performance evaluations and written

19   and verbal requests for advancement opportunities, I was never promoted above an hourly
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     department manager position and my pay rate, after four years, remained below $10.00 an hour at
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     $9.50. In October 1999, I left Wal-Mart because I did not feel there was any future for me there.
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        12. At no point during my employment at Wal-Mart did any manager inform me that Wal-Mart
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     had a Management Training Program or how I could be considered for, or apply to, this program. I
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     was never provided any information about the program in writing and I do not recall the program
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26   being posted on any store bulletin boards or discussed in the daily store meetings. Had I known of a

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28   DECLARATION OF RITA COONES IN SUPPORT OF                                         Case No. C-012252 MJJ
     PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
1    Management Training Program, I would have expressed interest in participating. Had there been an
2    application available, I would have applied to join.
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            I declare under penalty of perjury of the laws of the United States and State of
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     __________________ that the foregoing is true and correct.
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            This Declaration was signed by me on ______________________, 2003, at
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     _______________________.
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                                                   ______________________________
9                                                  RITA COONES, DECLARANT

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28   DECLARATION OF RITA COONES IN SUPPORT OF                                         Case No. C-012252 MJJ
     PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

				
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