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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
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
SHAUNA MARSHALL (SBN 90641)
HASTINGS COLLEGE OF THE LAW
200 McAllister Street
San Francisco, CA 94102
Telephone:
(415) 565-4685
Facsimile:
(415) 565-4854
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BETTY DUKES, PATRICIA SURGESON,
CLEO PAGE, CHRISTINE KWAPNOSKI,
DEBORAH GUNTER, KAREN WILLIAMSON
AND EDITH ARANA, on behalf of themselves
and all others similarly situated,
Case No. C-01-2252 MJJ
DECLARATION OF GINA ESPINOZAPRICE IN SUPPORT OF PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION
Plaintiff,
vs.
WAL-MART STORES, INC.,
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Defendant
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
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I, Gina Espinoza-Price, declare:
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1.
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I make this statement on the basis of my personal knowledge, and, if called as a
witness, could and would testify competently to the facts herein.
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2.
I was employed by Wal-Mart, Inc. from November 1990 through April 1997. I
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worked as a sales associate, Personnel Manager, and overseeing operations for Wal-Mart’s One6
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Hour Photo Division in Wal-Mart stores in California, Arkansas, Michigan, Indiana, Illinois,
Wisconsin, Canada and Mexico. I am female.
3.
I supervised census-interviewers for Imperial County, California during the 1990
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United States census count before working for Wal-Mart. I applied for a position with Wal-Mart
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after reading an article about Sam Walton in Fortune magazine. I was impressed with Mr. Walton’s
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“Our people make the difference” motto. After finishing the article I thought that Wal-Mart sounded
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like a wonderful place to work.
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4.
In November 1990, I was hired by Wal-Mart as an hourly associate in the Hardware
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Department of a Wal-Mart store in El Centro, California. I applied for a Hardware Department
Manager position but a man, David Caudillo, was given that job.
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In February 1991, Co-Manager John Sablan asked me if I would be interested in a
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Personnel Manager position. The position was not posted. Later that day, I met with Co-Manager
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Sablan and Store Manager Phil Lopez. They told me that they were impressed with my work and
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offered me the position without interviewing me. I accepted the position because I was interested in
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moving up within Wal-Mart.
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6.
In February 1992, Store Manager Norman Banwarth told me that Photo District
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Manager Matt Tankersley was looking for candidates for a salaried Photo Lab Department Manager
position for the El Centro store. The position was not posted. Store Manager Banwarth told me that
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
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he had recommended me for the position and if I wanted, I could meet with Photo District Manager
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Tankersley to talk about it. Several days later, Mr. Tankersley and I had an informal meeting in the
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snack bar of the El Centro store. In that meeting he offered me the position, which I accepted.
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Belen [last name unknown], a female photo lab technician, told me that she did not understand why
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the position was not posted because she would have applied for the position had she known about it.
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In February 1992, I went to Bentonville, Arkansas for training on Wal-Mart One-
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Hour Photo Division policies, management procedures and equipment operation. When I arrived at
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the Home Office for a meeting, I saw a list of Wal-Mart senior management on a wall in the main
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hallway. Of approximately fifty names, I can recall only one name that appeared to be a woman’s. I
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remember thinking, “I’ll change that.” My goal was to one day be listed on that wall.
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8.
I was willing to transfer to any Wal-Mart location in the United States, Canada, or
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Mexico if it meant that I would continue to receive promotions. In February 1992, while I was at the
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Wal-Mart Home Office for training, I was given a form to complete which asked where in the
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United States I was willing to transfer. I checked the boxes next to every region in the country to
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indicate that I was willing to move anywhere in the United States if it would help advance my career
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with Wal-Mart.
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9.
By summer 1992, I was helping Wal-Mart set up One-Hour Photo Departments in
new stores across California. In the training I received at Wal-Mart’s Home Office and from WalMart manuals, I was taught that Wal-Mart polices and practices were to be applied consistently in
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every Wal-Mart store. Additionally, I was trained that the policies and procedures for matters such
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as hiring, employee training, operations of the photo lab equipment, opening and closing
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departments, cash registers, and customer service were to follow the same guidelines in every WalMart store.
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
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10.
In May 1993, Photo District Manager Matt Tankersley told me that he was
recommending me for an open Photo Division District Manager position. The position was not
posted. I was interviewed for the position in Indiana by a Regional Manager and Customer Service
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Manager Diane Ault. The next week I was offered the position, which I accepted.
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In July 1993, I moved to Lansing, Michigan to begin working as a Photo Division
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District Manager for the District comprising Michigan and northern Indiana. I was also responsible
for a Wal-Mart Specialty Division Distribution Center located in Lansing, Michigan.
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Initially I was given a Specialty Distribution Center operations manual by my
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assistant Ms. Miller. I found that this manual did not provide me with sufficient guidance for
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operating a Wal-Mart Distribution Center. Over time, I developed written guidelines for managing
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Wal-Mart Specialty Distribution Centers and rewrote the manual. I sent the rewritten manual to
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Mike Johnson, District Head of Wal-Mart Distribution and Safety, whose offices were in
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Bentonville, Arkansas. He told me that the manual was very good and sent a memo to all of the
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One-hour Photo District Managers stating that they should call me if they had questions about
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Specialty Distribution Center operations. At the annual meeting of all of the photo District and
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Regional Managers in Fayetteville, Arkansas in the Spring of 1994, Mr. Johnson asked me to stand
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up and speak about Specialty Division Distribution Center operations.
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In fall 1993, the Director of Wal-Mart’s One-hour Photo Operations, David Rogers,
sent me to Pennsylvania, to train One-hour Photo District Manager David Scott, in the Specialty
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Distribution Center operations that I had, in part, developed.
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In approximately October 1993, Regional Photo Manager Joe Lisuzzo told me that
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Wal-Mart was placing me on a transition team in Canada to convert Woolco stores to Wal-Mart
stores. I was the only woman in a team of five. I did not apply for this position and it was not
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
1
posted. This assignment was to be completed in addition to my tasks as Photo District Manager of
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Michigan and northern Indiana. I accepted the assignment. I knew that it would be difficult to
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supervise Wal-Mart stores and a Distribution Center in the United States while helping to establish
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new stores in Canada. I wanted to be promoted by Wal-Mart and I thought that by performing
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difficult tasks and traveling extensively Wal-Mart would see that I was a hard-worker and that I was
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committed to the Company. At the time, I aspired to be Regional Photo Manager.
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In approximately February 1994, Director of One-hour Photo Operations David
Rogers advised me that Wal-Mart needed me to help supervise a photo lab equipment change in
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Chicago, Illinois. Like the assignment in Canada, this task was to be performed in conjunction with
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my tasks as the Photo District Manager of Michigan and northern Indiana and Wal-Mart stores.
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During this time, I was also still traveling to Canada as a part of the transition team.
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In approximately February 1994, during a conference call of Wal-Mart Photo District
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Managers, One-hour Photo Divisional Manager Joe Lisuzzo announced the promotion of Photo
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District Manager David Scott to Regional Photo Manager. The position had not been posted. And I
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had been given no opportunity to express interest in the position. After the conference call ended, I
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called Director of One-hour Photo Operations David Rogers and asked why the open Regional Photo
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Manager position had not been posted. Mr. Rogers did not answer this question but stated that Wal-
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Mart needed me in Chicago. I then asked if any one besides Mr. Scott had interviewed for the
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position. Mr. Rogers did not respond. I felt that I was not considered for this position because I am
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a woman. I believe that I was much more experienced that Mr. Scott. I had gained personnel
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experience while working as a Personnel Manager. I had worked for Wal-Mart for a longer period
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of time than Mr. Scott. I had even trained Mr. Scott in the fall 1993 on Specialty Distribution Center
operations. I believe that since I had created most of the Specialty Distribution Center operations
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
1
that were beginning to be used more and more consistently in Wal-Mart Specialty Distribution
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Centers across the United States and Canada, I was an excellent candidate for this position. Because
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of my qualifications, I thought that I should have had at least an opportunity to interview for the
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Regional Photo Manager position.
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In approximately October 1994, Clay Ussleton, Regional Photo Manager, asked me to
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come to Bentonville, Arkansas to interview for an open Regional Photo Manager position in
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California. I understood that I was being considered for this position because I had complained
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about not being interviewed for the last open Regional Photo Manager position. After arriving at
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Wal-Mart’s Home Office, I met with Director of One-hour Photo Operations Rogers and Photo
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Personnel Manager Barbara Kulwicki. During the interview, Mr. Rogers began to describe the
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position as an international position that would involve opening stores in Mexico. This puzzled me
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because I thought that the position I was interviewing for was in California. Mr. Rogers told me that
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the California position had already been filled. I begrudgingly accepted the District Manager
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position in Mexico because it would allow me to live in San Diego, California, two hours from my
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family. Also, I believed that if I declined the position, I would not be considered for other
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promotions. After leaving the meeting, I called Mr. Ussleton. Mr. Uffleton told me that the
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Regional Photo Manager position in California had been given to a man, Jeff Gwartney who had
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been hired by Wal-Mart approximately two years earlier as a photo lab manager and promoted to a
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District Photo Manager position approximately one year later. I had been with Wal-Mart for four
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years. I believe I was not considered for this position because I am a woman.
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18.
From fall 1995 until March 1997, I was the Photo District Manager of Mexico and
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eight Wal-Mart stores in the San Diego area.
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
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Male Photo Division Management behaved in ways that demeaned and belittled
women and minorities. In fall 1996, there was a Photo District Manager meeting in Valencia,
California. Wal-Mart had just hired a second female Photo District Manager for the western region,
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Linda Palmer. During dinner, Jeff Gwartney introduced all of the District Managers to Ms. Palmer
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using nicknames for the minorities and women. I was introduced as Gina, “the little Mexican
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princess.” I was very offended by Mr. Gwartney’s comment and left the dinner early. Throughout
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the meeting, men made sexual statements and jokes that I thought were very offensive. For
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example, a flyer with an offensive joke about women being stupid was left on my belongings. In
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February 1997, during an evaluation, I complained to One-hour Photo Divisional Manager Joe
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Lisuzzo about harassment based on gender at the previous Photo District Manager meeting. He
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replied that he would take care of it. I knew from trainings on Wal-Mart’s sex harassment policy
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given by Wal-Mart Legal Department employee Canetta Ivy that company policy mandates that
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when someone complains of sexual harassment, an investigation must begin within twenty-four
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hours. Therefore, I expected to be interviewed as a part of an investigation. I was never called. A
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couple of weeks later, in March 1997, I saw Mr. Lisuzzo at a meeting. I asked him if he had been
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conducting an investigation of my sexual harassment complaint. He replied that it was being taken
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care of. I was never aware of any action taken in response to my complaint. Six weeks after
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complaining about sexual harassment, I was terminated.
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In March 1997, Director of Photo Operations, David Rogers, called and told me that I
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was being placed in the position of International Liaison of for the Photo Division. The position was
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not posted and I was offered the position without having to interview for it.
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21.
Wal-Mart terminated me in April 1997, falsely claiming that I had interfered with a
loss prevention investigation. On April 1, 1997, I received a phone call from Stephanie Agnew, a
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
1
Photo Center Manager in a Lakeside, California Wal-Mart store. Ms. Agnew had been contacted by
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loss prevention for taking prints from the store without paying for them. Ms. Agnew told me that
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she had been testing the photo equipment by developing some of her film with it, a procedure that
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was often used to check machines. When she was leaving the store, Ms. Agnew had said, she was
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unable to find the store manager so she was unable to notify him that she was taking prints without
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paying. I told her that she should have told someone that she was taking the prints. I then called
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Regional Photo Coordinator Jeff Gwartney and told him what had happened. I was on vacation and
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I notified him so that he could begin an investigation of the incident. Later that week, I returned to
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my home store in San Diego, California to find Ms. Agnew working there. Ms. Agnew normally
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works in the Lakeside, California store. She told me that Mr. Gwartney had told her to work in the
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San Diego store. I was surprised that Ms. Agnew had not been suspended because Wal-Mart policy
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is that anytime there is an investigation for a breach of integrity, the employee under investigation is
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to be suspended. I called Mr. Gwartney to ask if the investigation was finished and he told me it was
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not. I then asked why Ms. Agnew had not been suspended and he directed me to suspend her, which
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I promptly did. Mr. Gwartney assured me that he would handle the investigation. On April 11, 1997,
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Mr. Gwartney called me into his office and told me that I was being terminated for lack of integrity
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because I interfered with a loss prevention investigation. The reason given by Wal-Mart for my
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termination is false and contradictory to my actions, as my actions initiated and facilitated the
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investigation.
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For the six and one-half years that I worked for Wal-Mart, I was an extremely
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valuable asset to the company. I created operations for Wal-Mart’s Specialty Division Distribution
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Centers that would eventually be used around the country. I played a key role in establishing the
One-hour Photo Centers in new Wal-Mart stores throughout the United States, Canada, and Mexico.
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
1
All of my performance evaluations rated my performance level at least “exceeds expectations.”
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(Attached hereto is a true and accurate copy of 1997 Management Performance Appraisal as
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Espinoza-Price Exhibit A.) I believe that I was terminated for complaining about sexual
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harassment, and because I am a woman who wanted to be promoted within Wal-Mart. I believe that
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Mr. Gwartney, who terminated me, was especially resentful of my promotions and my use of the
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Open Door. When I was promoted to International Liaison for the Photo Division, I called to ask
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him a question about how I would divide my time between supervising San Diego and international
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stores. He was silent for a few moments and then stated that no one asked him if I should be
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promoted to this position. His reaction led me to believe that he resented my promotion and did not
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want to see a woman who had complained of his sexist conduct promoted.
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I would be willing to consider returning to Wal-Mart if I could be assured that
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policies that afford equal opportunities for women to advance in the Company would be fairly
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enforced.
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I declare under penalty of perjury of the laws of the United States and State of
__________________ that the foregoing is true and correct.
This Declaration was signed by me on ______________________, 2003, at
_______________________.
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______________________________
Gina Espinoza-Price
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S:\SHARE\LEGAL\Walmart\Declarations\Gina Espinoza-Price class cert dec.doc
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DECLARATION OF GINA ESPINOZA-PRICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ