1 BRAD SELIGMAN, CA Bar No. 083838 JOSEPH SELLERS
JOCELYN D. LARKIN, CA Bar No. DEBORAH VAGINS
2 110817 COHEN, MILSTEIN, HAUSFELD &
THE IMPACT FUND 1100 New York Ave, #500
3 125 University Avenue Washington, D.C. 20005-3964
Berkeley, CA 94710 Phone: (202)408-4600
4 Phone: (510)845-3473 Fax: (202) 408-4699
Fax: (510)845-3654
5 STEPHEN TINKLER
SHEILA THOMAS, CA Bar No. 161403 MERIT BENNETT
6 DORIS NG, CA Bar No. 169544 TINKLER & BENNETT
7 EQUAL RIGHTS ADVOCATES 309 Johnson Street
1663 Mission Street, Suite 250 Santa Fe, New Mexico 87501
8 San Francisco, CA 94103 Phone: (505)986-0269
Phone: (415)621-0672 Fax: (505)982-6698
9 Fax: (415)621-6744
JONATHAN SMITH
10 STEVE STEMERMAN, CA Bar No.067690 DEBRA GARDNER
ELIZABETH LAWRENCE, CA Bar No. PUBLIC JUSTICE CENTER
11 111781 500 East Lexington St.
DAVIS, COWELL & BOWE Baltimore, MD 20212
12 100 Van Ness Avenue, 20th Floor Phone: (410)625-9409
San Francisco, CA 94102 Fax: (410)625-9423
13 Phone: (415)626-1880
Fax: (415)626-2860 Attorneys for Plaintiffs
14 PATRICIA SURGESON, SANDRA
STEVENSON, STEPHANIE ODLE,
15 KIMBERLY MILLER AND MICKI
EARWOOD
16
17 UNITED STATES DISTRICT COURT
18 NORTHERN DISTRICT OF CALIFORNIA
19 BETTY DUKES, PATRICIA SURGESON, ) No. C-01-2252 MJJ
20 SANDRA STEVENSON, STEPHANIE ODLE,)
KIMBERLY MILLER and MICKI EARWOOD) FIRST AMENDED COMPLAINT
21 on behalf of themselves and all others similarly)
situated, ) [CLASS ACTION]
22 )
Plaintiffs, ) DEMAND FOR JURY TRIAL
23 )
v. )
24 )
WAL-MART STORES, INC. )
25 )
Defendant )
26 )
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SNIPPETS:
but also in its failure to advance its female employees.
There are two workforces at Wal-Mart.
By far the largest workforce is female, which comprises over 72% of the hourly sales
only one-third of management positions.
The other workforce is male.
yet holds two-thirds of all store management positions and over 90% of the top Store
11 Manager positions.
This disparate distribution of the genders is the result of purposeful
continuing policies and practices of gender discrimination.
assignments, promotions, training and compensation, and by retaliating against those who
over claims under the California Fair Employment & Housing Act, Government Code § 12920, et.
Lead plaintiff's claims arose in the Northern District of California.
plaintiffs' class reside throughout the United States, including the Northern District of
25 stores doing business as Wal-Mart, Wal-Mart Supercenters and Sam's Club Stores.
predominate over individual questions.
11 can be justified by business necessity; whether defendant has a policy and practice of
Through its Wal-Mart and Sam's Club divisions, it operates over 3000 stores across the
13 assignment, pay, training, and promotion policies.
17 functional responsibilities, one or more "co-managers" and a store manager.
she complained to male District Manager Chuck Salby about the discriminatory 4 treatment.
a support manager position was filled in July or August 2000 by Rosa
18 Odle was promoted to Assistant Manager and was assigned to the Sam's Club in Roseville,
she was promoted to night supervisor.
and other job benefits for class members.
Plaintiffs incorporate by reference Paragraphs 29 through 39.
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