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
CHARLES TOMPKINS
JULIE GOLDSMITH
COHEN, MILSTEIN, HAUSFELD & TOLL
West Tower – Suite 500
1100 New York Avenue
Washington, D.C. 20005-3964
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
IRMA D. HERRERA (SBN 98658)
DEBRA A. SMITH (SBN 147863)
EQUAL RIGHTS ADVOCATES
1663 Mission Street, Suite 250
San Francisco, CA 94103
Telephone: (415) 621-0672
Facsimile: (415) 621-6744 / STEPHEN TINKLER
MERIT BENNETT
TINKLER & BENNETT
309 Johnson Street
Santa Fe, New Mexico 87501
Telephone: (505) 986-0269
Facsimile: (505) 982-6698
SHEILA Y. THOMAS (SBN 161403)
EQUAL RIGHTS ADVOCATES
5260 Proctor Avenue
Oakland, CA 94618
Telephone: (510) 339-3739
Facsimile: (510) 339-3723 / DEBRA GARDNER
PUBLIC JUSTICE CENTER
500 East Lexington Street
Baltimore, MD 21202
Telephone: (410) 625-9409
Facsimile: (410) 625-9423
STEVE STEMERMAN (SBN 067690)
ELIZABETH LAWRENCE (SBN 111781)
DAVIS, COWELL & BOWE
100 Van Ness Avenue, 20th Floor
San Francisco, CA 94102
Telephone: (415) 626-1880
Facsimile: (415) 626-2860
Attorneys for Plaintiffs / SHAUNA MARSHALL (SBN 90641)
HASTINGS COLLEGE OF THE LAW
200 McAllister Street
San Francisco, CA 94102
Telephone: (415) 565-4685
Facsimile: (415) 565-4854

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BETTY DUKES, PATRICIA SURGESON, EDITH ARANA, DEBORAH GUNTER, CHRISTINE KWAPNOSKI, CLEO PAGE, KAREN WILLIAMSON, on behalf of themselves and all others similarly situated,
Plaintiffs,
vs.
WAL-MART STORES, INC.,

Defendant

/ Case No. C-01-2252 MJJ
DECLARATION OF SHEILA HALL IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

I, Sheila Hall, declare:

1. I am a female, former Wal-Mart employee who began working at the Conway, Arkansas store in March 1994, while I was attending school at the University of Central Arkansas. My first position was in the Deli. During the summer, I transferred to the Columbia, Missouri store, where I worked at the Snack Bar. When I returned to school, I once again worked at the Deli in the Conway store. I transferred to Automotive briefly at the beginning of 1995, and moved to Toys in the summer of 1995.

2. The Toy Department was located next to the Hardware Department. I was often required to cover for Hardware when employees took lunches and breaks, and when they were called to the front end to work as cashiers. For several months, I asked Support Manager Russ Roden if I could transfer from the Toy Department to the Hardware Department. I preferred working in Hardware, and I did not want to work in two different departments. My request was repeatedly denied. I was told by Mr. Roden, “We need you in toys . . . you’re a girl, why do you want to be in Hardware?” Assistant Managers Joe Austin and Mark Tinney also made similar remarks when I discussed the transfer with them.

3. In the three or four months I spent repeatedly requesting to be transferred, several male employees with no previous Hardware experience, and less Wal-Mart experience than I had, were hired instead of me as sales associates in Hardware. Corey Kellybrew and Phillip Garrett were hired into the position I had been requesting for months.

4. Finally, exasperated by Mr. Roden’s refusal to transfer me into the Hardware Department, I confronted him and said, “Just because I don’t have a penis between my legs, doesn’t mean I can’t do the job.” He moved me into the Hardware Department in February 1997. I did not work with any other women in the Hardware Department.

5. In the Hardware Department, I faced routine comments directed at my gender and my ability to work in Hardware. A male co-employee, Jeff Eskola, alluded to Hardware being a “man’s job,” and that women should not be doing a man’s job. I used the “Open Door” policy and spoke to Store Manager Denny Ashley about Mr. Eskola’s comments, and was basically told to “quit whining.” After I complained, male co-workers snubbed me, and I was given more difficult tasks. This treatment lasted for several weeks. I chose not to use the “open door” policy with the Home Office in Bentonville, because I did not believe it would do any good, and I did not want any more retaliation.

6. In the spring of 1997, I went out of town with a male co-employee named Joel Dean. We both called in and informed our Assistant Manager, Paul Dehart, that we would not return in time for our next scheduled work day. Upon our return, Mr. Dehart met separately with both Mr. Dean and me. I was given a coaching for the incident, but Mr. Dean was not.

7. I received an “above-standard” rating on every annual evaluation given to me between 1994 and 1999, except for one. I received a “standard” rating on the only evaluations that was not “above standard.” Assistant Manager Paul Dehart gave me a merit raise in 1996.

8. I was aware of men who had less experience at Wal-Mart, but were paid more than me. For example, Jo Jo Riggs started in 1996, but was paid significantly more than me. I know this because Mr. Riggs bragged about how much he made. Nick Engi, who started in 1995 was also paid more than me. On several occasions as late as 1999, Support Manager Mark Tinney said to me, “If you would wear lower cut shirts, you would probably get more pay.” Mr. Tinney was eventually fired for sexual harassment after many years with Wal-Mart. He made these comments in front of other Managers, so I did not complain at the time because the managers knew and no one responded. I did not want to risk future retaliation.

9. In 1997, I finished school, and received my Bachelor’s Degree in Communications from the University of Central Arkansas. I told my male Department Manager, Chris Harrison, Assistant Managers Evelyn Dean and John Nichols, and Store Manager Denny Ashley, that I wanted to be a manager. Mr. Harrison and Mr. Nichols told me to talk to Mr. Ashley. Ms. Dean told me that Mr. Ashley “would never go for it.”

10. When I approached Store Manager Ashley and asked him if I could join the Management Training Program, he laughed at me and said he did not think that I was the type of person who would work out well in management. When I asked what, specifically, I could do to increase my chances of becoming a manager, Mr. Ashley told me that I would have to get his recommendation to enter the Management Training Program, and that would not happen. Even though I had worked at Wal-Mart almost five years and had an excellent employment record, as reflected in my many “above standard” evaluations, Mr. Ashley told me I needed more experience.

11. In 1998, I was recruited by Lowe’s Home Improvement store, which is a competitor of Wal-Mart. I commented at a grass roots meeting that Wal-Mart’s competitors were paying significantly more, and Store Manager Ashley, said, “The way I see it, a whore for a quarter is a whore for a quarter.” I used the “Open Door” policy and spoke with Evelyn Dean, a female Assistant Manager, about this comment. Shortly thereafter Mr. Ashley called me into his office and asked me if I was going to call the Home Office. In hopes of improved treatment, and for fear of retaliation, I told him that I would not.

12. During my Wal-Mart career, I applied for promotions such as Department Manager and Support Manager at least five times. I was passed over every time.. For example, in early 1999, Tony Delaney, an associate from the Lawn and Garden Department, was promoted to Support Manager, the same position for which I had applied.

13. I terminated my employment with Wal-Mart on October 15, 1999, which was the same day I was passed over for the Support Manager position. On this last occasion, a woman, Christy Gunter was promoted instead of me. Ms. Gunter was dating a Support Manager, Tony Delaney at the time of her promotion. Mr. Delaney is a male employee who had been promoted to the very same Support Manager position for which I had applied earlier in 1999. Store Manager Ashely called me at home to ask me why I quit, and to offer me a non-management position at another store. I declined.

14. I had worked at Wal-Mart for more than five years without a promotion, despite my exemplary work history. I quit because, based on my experience, I believed that I would continue to be denied opportunities for advancement in favor of male employees.

I have personal knowledge of each and every fact set forth in the Declaration, and if called to testify as a witness in this matter, I could and would competently testify to each of these facts.

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

This Declaration was signed by me on ______, 2003, In the City of ______, State of Arkansas.

______

Sheila Hall

49:C:\Documents\eal\c-walm dec supp class cert.doc

02/06/2003 3:34:38 PM

1

Declaration of Sheila Hall in Support of Plaintiffs’ Motion for Class Certification Case No. C-01-2252 MJJ