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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
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) 581-8922
Facsimile:
(415) 557-7895
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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,
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Plaintiff,
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vs.
Case No. C-01-2252 MJJ
DECLARATION OF IRMA MATHIS IN
SUPPORT OF PLAINTIFFS’ MOTION
FOR CLASS CERTIFICATION
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WAL-MART STORES, INC.,
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Defendant
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Declaration of Irma Mathis in Support of Plaintiffs’ Motion for Class Certification
Case No. C-01-2252 MJJ
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I, Irma Mathis, declare:
1. I am a current Wal-Mart employee.
2. I am a forty-three year old, single mother of three daughters, who are ages 15, 17 and 19.
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I am also helping to raise my grandchild who is three years old. I want to be a role model for my
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daughters so that they will believe that they can get ahead in life. While working at Wal-Mart, I
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attended college and received a Bachelor of Arts degree from the University of Texas at San
Antonio. I have been trying to turn my job at Wal-Mart into a career.
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3. I worked for Wal-Mart as an hourly employee from January 1996 until August 2002.
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During that time, I worked as a cashier, as a sales associate in the softlines, domestics/bedding,
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fabrics, sporting goods, electronics, claims, courtesy desk and lay-away departments, and as layaway
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department manager. I worked in Wal-Mart store no. 458 in Aransas Pass, Texas, Wal-Mart store
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no. 1198 in San Antonio, Texas, and in a Wal-Mart Supercenter no. 2864 in San Antonio, Texas.
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3. I have tried to contribute to Wal-Mart in ways that go beyond the requirements of my
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position. While I was layaway department manager in store no. 1198, I compiled layaway
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procedures from Wal-Mart’s Home Office into a training manual for the layaway employees and
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made checklists to assist them in learning the material. In Supercenter no. 2864, I volunteered to
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serve on the hiring committee. During set up of that store, I oversaw two teams and took
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responsibility for training new employees. For approximately one year, two co-workers and I wrote
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a newsletter for the employees in Supercenter no. 2864.
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4. I received annual performance evaluations while working at Wal-Mart. On each of my
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annual evaluations, I was rated either “above standard” or “meets expectations.” I have not been
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disciplined for my work performance.
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Declaration of Irma Mathis in Support of Plaintiffs’ Motion for Class Certification
Case No. C-01-2252 MJJ
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5. I worked at Wal-Mart for more time than many of the other employees at Supercenter no.
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2864. Store Manager Mark Antilley repeatedly referred to me and several other female employees
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as the store’s “seasoned associates.”
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6. In approximately late 2000 or early 2001, I decided that I wanted to enter the First in Line
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training program. The First in Line program is a management training program for college students.
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At the time, I was studying at the University of Texas, so I believed that I would fit into the program
well.
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7. I had many discussions with Store Manager Mark Antilley about my interest in being
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promoted into the First in Line program. On one occasion, Mr. Antilley told me that I needed to
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develop “people skills.” I do not know what he meant by that. I had overseen the work of other
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Wal-Mart employees as layaway department manager and during the store set-up. I was not
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disciplined or reprimanded for having a problems working with these employees. Mr. Antilley did
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not tell me what “people skills” I lacked or how I should go about developing “people skills.” On
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another occasion when I spoke to Mr. Antilley about getting promoted into the First in Line
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program, Mr. Antilley told me that I needed to work as a merchandise department manager. I had
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already worked as manager of the layaway department. On one occasion, I asked Mr. Antilley for
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information about the First in Line program. Mr. Antilley told me that he would talk to District
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Manager Ron Kircher to find out how the program worked and get back to me. Mr. Antilley never
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got back to me. On an occasion when I approached Mr. Antilley for help getting into the First in
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Line program, Mr. Antilley told me that he would give a copy of my resume to Regional Personnel
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Manager Pedro Androtti. I gave Mr. Antilley a copy of my resume, but did not hear anything. After
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giving him my resume, I followed up with Mr. Antilley. He always told me that he did not have any
information for me.
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Declaration of Irma Mathis in Support of Plaintiffs’ Motion for Class Certification
Case No. C-01-2252 MJJ
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8. In spring 2002 after Plaintiffs’ attorneys disclosed my name as a witness in this case, I
contacted Regional Vice President Larry Williams by email. Because I was scheduled to graduate
from college in August 2002, I was concerned that I would not be eligible for the First in Line
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program any longer. In that e-mail message, I told Mr. Williams about the problems that I was
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having getting into the First in Line Program.
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9. In response to my e-mail message to Mr. Williams, a manager from Wal-Mart’s People
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Division named Jill Wesbecher telephoned me. Ms. Wesbecher described the First in Line program
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to me and gave me some information about Wal-Mart’s other Management Training Program.
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Shortly after my telephone conversation with Ms. Wesbecher, Regional Vice President Pedro
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Androtti called me. Mr. Androtti told me that he had not received a copy of my resume and asked
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me to send one to him. In approximately June or July 2002, I was accepted into the First in Line
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program.
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10. After I was promoted, but before I transferred to the store where I was to do my training,
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Store Manager Mark Antilley spoke to me about the fact that I had contacted Wal-Mart’s regional
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management. Mr. Antilley was visibly upset. He told me that store issues should be kept at the
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store level. He also told me that I would have to prove my loyalty to my new Store Manager.
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11. Other than myself, I am aware of only one female employee who was promoted into one
of Wal-Mart’s management training programs from Supercenter no. 2864. I am aware of six male
employees who were promoted into a management training program from Supercenter no. 2864.
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Their names are Roland Pacheco, Chad Brooks, Anthony Hall, Frank Gonzalez, Jason Caldwell, and
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Henry Diaz. As far as I am aware, none of these men had worked for Wal-Mart for as long as I had.
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12. Store Manager Mark Antilley told me that women have to be “bitches” to survive in
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Wal-Mart management. I received a performance evaluation in approximately October 2000. In the
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section entitled “areas for improvement,” I am described as “overbearing.” A true and correct copy
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Declaration of Irma Mathis in Support of Plaintiffs’ Motion for Class Certification
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Case No. C-01-2252 MJJ
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of this evaluation is attached hereto as Mathis Exhibit A. In approximately November 2002, I had a
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conversation with an Assistant Manager named David Ash. Mr. Ash told me that I needed to be
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more assertive.
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13. I completed the First in Line program and am currently an Assistant Manager. As my
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first assignment as an Assistant Manager, I am working the overnight shift at a store that is located
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forty-six miles from my home. Driving over ninety miles daily and working during the night
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prevents me from spending as much time with my daughters as I would like. I am making these
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sacrifices because I want to have a career at Wal-Mart.
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14. 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.
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I declare under penalty of perjury of the laws of the United States and State of Texas that the
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foregoing is true and correct.
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This Declaration was signed by me on ______________________, 2003, at
_______________________.
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Declaration of Irma Mathis in Support of Plaintiffs’ Motion for Class Certification
Case No. C-01-2252 MJJ