Free Statement - District Court of Arizona - Arizona

EXHIBIT 9

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 1 of 54

FLEXIBLE TIME OFF POLICY
Effective July 23,2001 (Applies to all Full-Time and Benefits-Eligible Part-Time NSO Non-Exempt Employees)

Introduction
CIGNA HealthCare offers employees a generous amount of paid vacation and personal holidays to use throughout the year. Employees are encouraged to use this time for taking care of personal business and rest and relaxation. However, the company understands that unplanned time away from work may also occur. A Flexible Time Off Policy has been designed for all NSO non-exempt regular fulj-time and benefits-eligible part-time employees. The Policy will give employees the flexibility to take care of then- unplanned personal needs AND do an effective job of taking care of CIGNA's* customers as well as achieve the overall goal of measurable superior productivity and service quality. All components of the policy will be reviewed periodically and are subject to change.

Flexible Time Off
Time off available to employees consists of the following: · Vacation time - accrued monthly.at the rate of 1/12 of total annual entitlement (based on years of service) [Note: Will be accrued over 10 month perio^ in 200?]**',... . %, · · Personal holiday time - accrued monthry at the rate-pf 1/12 of total annual entitlement [Note: Will be'accrued over 10 month period in 2002]** .. : ·" -'" V ' : ^ · Supplemental time - 5 days made available on January 1 of each year to regular full-time employees (pro-rated for benefits-eligible part-time employees) for personal or family illness, disabilities, emergencies, or unanticipated needs; no documentation or proof is required · Other-United Way day, bought vacation days, etc. (if applicable) ** Wfll be pro-rated for benefits-eligible part-time employees based on their regularly scheduled hours. Numbers of days available per year for non-exempt employees according to length of service are outlined iq the following table. Each day taken in succession is counted as a separate day from the employee's time-off allotment ~

10 Vacation Pays 15 20 Personal Holidays 4 4 4 Supplemental Days 5 5 5 Total Days (a) 19 days 24 days 29 days (a) Total time is subject to lie policy guidelines (b) Includes employees with less than five years of service in job grades 47 and above or job band E.

25
4 5 34 days

·

» "CIGNA" refers to CIGNA Corporation and/or any of its subsidiaries. Insurance and related products are provided only by CIGNA Corporation's insurance company and other subsidiaries, which employ most CIGNA employees. 7/ltVOI

1

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

EEOC-CGL1C-0046

Page 2 of 54

Planned Time Off
Planned time off is taken by scheduling the time (from the above-named types of available time) at least 24 hours in advance (preferably more when possible) and obtaining prior management approval. Planned time off may be scheduled in increments as small as 2 hour. Vacation and personal holiday time is available for use after the time has been accrued (sec chart on page 3 of this document for the accrual schedule). During 2001 and 2002, however, this time may be taken as an advance prior to its having been accrued provided employees get prior'management approval and sign appropriate documentation. Note: Beginning at the end of 2002, employees will have the option of carrying over up to 5 days of unused time off into the following year, thereby eliminating the need for employees to use vacation before accruing it Beginning in 2003, the practice of allowing employees to use vacation time before accrual will be discontinued.

Unplanned Time Off
Although employees are encouraged to schedule time away from work whenever possible, unplanned situations may make that difficult or impossible. Therefore, each calendar year (January 1 to December 31) employees may be away from work on an unplanned basis (time away from work ranging from 1 hour to 1 day) up to 12 times or a total of 80 hours, whichever is used first Time off may be taken in increments as small as 1 hour using Supplemental or Vacation/Personal Holiday Time. However, unaccrued vacation/personal holiday time cannot be used on an unplanned basts. When employees need to use time on an unplanned basis, they must follow the procedure outlined below for use of that time to be considered authorized.

Reporting Use of Unplanned Time Off

_

:

Use of available time off on an unplanned basis is .considered .'authorized if employees contact their Managers (or Manager's designee) at least one hour before -their normally 'Scheduled start tune whenever they will not be at work or one hour before leaving early. Use of the time off will be considered unauthorized (unless there are extenuating circumstances, such as an accident) for employees who do not give the required one-hour advance notice. Those employees may also be subject to disciplinary action as outlined in the Progressive Disciplinary Process section of this document

Reward and Recognition Programs · Perfect Attendance
Beginning in 2002, all NSO non-exempt employees will be recognized for perfect attendance twice during the year. (Those areas which currently have a perfect attendance program will continue under their current guidelines through the end of 2001.)At the end of each eligibility period, employees will receive a lump sum payment (less applicable withholding) according to the chart below provided all eligibility criteria are met Employees must be continuously employed from the beginning through the end of the eligibility period. (Individuals who are hired or become eligible to participate in this program in the middle of the eligibility period must wait until the beginning of the next, eligibility period in order to participate.) An additional bonus will be paid to employees who have perfect attendance for the entire year.

EEOC-CGLIC-0047
7/10/01

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 3 of 54

Perfect Attendance Award Guidelines

January 1-June 30

· ·

No unplanned or supplemental time is used,* Must be at work at least 50% of the eligibility period. No unplanned or supplemental time is used.* Must be at work at least 50% of the eligibility period. Employee has received a Perfect Attendance Award for both periods outlined above.

$200 Pay out in July. S200 Fay oat In January.

July 1-December 31

Year-end bonus

$150 Fay out In January,

* FMLA absences do not impact an employee's eligibility. To be eligible to participate in the Perfect Attendance Award, employees must: · Be participating in the NSO Flexible Time OffPolicy. · Be in good standing from an attendance standpoint (not be on "Requires Improvement" or "Job in Jeopardy") at the time of the pay out * Be actively employed at the time of pay out

"Perfect Mondays*1
A reward and recognition program may be provided to employees for perfect attendance on Mondays. Employees who are at work as scheduled every Monday of the calendar year may be eligible to participate in an award program. '

Time Off Without Pay (TOWOP)

:-

.

From time to time, depending on business circumstances, Managers may offer employees the opportunity to take Time Off Without Pay (TOWOP). TOWOP must be scheduled in advance. Where requests for TOWOP exceed available opportunities, preference will be given to employees who are not on any form of progressive discipline and/or to those employees who first requested the TOWOP opportunity. Approved TOWOP does not count as unplanned time under the policy.

Accruing Vacation and Personal Time
Vacation and personal holiday time is provided for employees to use for rest and relaxation. Non-officer (below job grade 51) regular fiill-time employees accrue vacation and personal holiday time according to the following accrual schedule based on years of service with CIGNA, Regular part-time (benefits eligible) employees accrue vacation and personal holiday time on a prorated basis based on their regularly scheduled hours. Employees accrue vacation on the last day of the month in which they worked the entire month. The chart below indicates TOTAL time accrued from January through the end of each subsequent month (times indicated represent totals and are not cumulativefrom one month to the next).

EEOC-CGLIC-0048
7/10/01

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 4 of 54

Accruals Based on Twelve Months (2001)

January February March April

1.17

233
3.50
4.67

1.58 3.17 4.75

633
7.92 9.50 11.08 12.67 14.25 15.83 17.42 19.00

May
June July August September October November December

5.83 7.00 8.17 9.33 10.50 11.67 12.83 14.00

2.00 4.00 6.00 8.00 10.00 12.00 14.00 16.00 18.00 20.00 22.00 24.00

2.42 4.83

735
9.67
12.0S

14.50 16.92

1933
21.75 24.17 26.58 29.00

Accruals Based on Tea Months (2002 and beyond)

7.20 9.60 7.00 May 12.00 June 8.40 14.40 9.80 1330 16.80 July 15.20 August 11.20 19.20 September 12.60 17.10 21.60 October 14.00 19.00 24.00 (a) Includes employees in job grades 47 and above or job band £ with less than five years of service.

February March April

2.SO 420 5.60

3.80

4.80

5.70 7.60 9.50 11.40 .

5.80 8.70 11.60 14.50 17.40 2030 23.20 26.10 29.00

Note: During 2001 (and following 90 days of employment), vacation and personal holiday time may be taken as an advance prior to its having been accrued provided employees get prior management approval and sign appropriate documentation. Beginning at the end of 2002, employees will have the option of carrying over up to 5 days of unused time off from all sources into the following year. Beginning in 2003, the practice of allowing employees to use vacation and personal holiday time prior to accrual will be discontinued.

7/10/01
Case 2:04-cv-00627-JAT Document 97-4

EEOC-CGL1C-0049

Filed 09/16/2005

Page 5 of 54

Scheduling Time Oft
Having employees schedule their time away from work allows the company to plan appropriately to meet customer needs. Employees may schedule time away from work after they have completed 90 days of employment Employees must speak to their supervisor":(or vacation scheduler) when requesting -time away from work. Employees who terminate . employment within six months of hire receive no vacation/personal holiday time or pay in lieu of vacation/personal holiday time. As noted previously, during 2001 and 2002 (and following 90 days of employment), vacation and personal holiday time may be taken as an advance before its having been accrued provided employees get prior management approval and sign appropriate documentation. Beginning at the end of 2002, employees may carry over a maximum of up to 5 days of unused paid time off (from all sources including vacation time) into the following year. (Note: During 2001, only unused supplemental time may be carried over). Beginning in 2003, the practice of allowing employees to use vacation and personal holiday time before accrual will be discontinued.

Unused vacation and personal holiday time remaining at the end of the calendar year (December 311*) may be cashed out at 100% of value in units as small as 1 hour. Beginning at the end of 2002, employees may also carry over up to 5 total days (40 hours) comprised of unused vacation and/or supplemental time into the following.year. If an employee terminates employment during the year, all unused accrued vacation is paid out Employees who purchase vacation days are not eligible to carry over vacation/personal time (per IRS regulations). In addition, the option of selling vacation days at benefits open enrollment time will be discontinued beginning with the 2001 open enrollment period.
:.j

Handling Unused Vacation/Persona] Holiday Time

.,

Handling Unused Supplemental Time

.

·

>;

I:"

Unused supplemental time remaining at the end of the calendar year (December 31") may be carried over to the next year. Cany over may'occur in increments as small as 1 hour. A maximum of 5 total days (40 hours) may be carried over to the following year (comprised of unused vacation and/or supplemental time). Supplemental time is not paid out at any tune. Employees who terminate receive no pay in lieu of supplemental time.

Progressive Disciplinary Process
When an employee is away from work more than 80 hours or 12 times during a calendar year, or uses unplanned time before it has accrued (as in vacation/personal holiday time), disciplinary action will begin. Employees whose use of unplanned time away from work shows a pattern (e.g., every Monday or Friday, or rapid use of unplanned paid time off as soon as it is available) may be subject to disciplinary action even though all hours/absences have not been used. Employees are expected to manage their time and utilize unscheduled absences only as needed. Employees* Managers and HR generalists will assess behavior that establishes a pattern and determine appropriate action. La addition, failure of employee to appropriately notify the Manager of intent to use unplanned paid time off will subject the employee to disciplinary action. Managers will record employees* use of time taken on an unplanned basis. The charts below outline the management disciplinary action that will be taken once employees have used all their available unplanned time away from work or use time prior to its having become available (accrued). Any unplanned time taken as outlined below will move the - employee into further stages of discipline. If the Manager believes extenuating circumstances warrant not moving the employee to the next level of discipline, then the Manager must get the approval of his/her manager and HR consultant Managers will attempt to provide an employee with information that their unplanned time off has been exhausted; however, the employee is expected to be aware of his/her own status.

7/10/01

5

EEOC-CGLIC-0050
Document 97-4 Filed 09/16/2005 Page 6 of 54

Case 2:04-cv-00627-JAT

Disciplinary Process After All Unplanned Time Has Been Exhausted or Used Before Available (Accrue
First unplanned abscnce(a) within same calendar year after all Unplanned Time is exhausted or before it has become available (accrued) Next unplanned absencefa) ·within same calendar year or while on VC after Unplanned Time Is exhausted or before it has become available (accrued) Employee is placed on "Verbal Counseling" (VC) disciplinary action. Unplanned time off is unpaid if all time has been exhausted; otherwise, unplanoed time off used before it is available is unpaid.

Next unplanned absence (a) within same calendar year or while on RI after Unplanned Time is exhausted or before It has become available (accrued)

Next unplanned absence (a) within same calendar year or while on JIJ after Unplanned Time is exhausted or before ft has become available (accrued)

Employee will be placed on "Requires Improvement" (RI) disciplinary action and will remain on RI status for a period of 3 months or the end of the calendar year, whichever is longer. An employee who has exhausted his/her annual allotment of unplanned time, must maintain perfect attendance (have no unplanned absences of time away from work) while on RI. An employee who has used unplanned time off before it has become available, must not use any further unplanned time prior to its becoming available while on RI. Unplanned time off after all time has been exhausted and unplanned time effused before it is available is unpaid. Employee will be placed on "Job in Jeopardy" (JIJ) disciplinary action for a period of months or the end of the calendar year, whichever is longer. An employee who has exhausted bis/her annual allotment of unplanned time, must maintain perfect attendance {have no unplanned time away from work) while on JIJ. An employee who has used unplanned time off before it has become available, must not use any further unplanned time prior to its becoming available while on JU. The employee will not be eligible for any salary actions, promotions, etc. during the first 6-month period of JIJ. Unplanned time off after all time has been exhausted and unplanned time off used before it is available is . : unpaid. Termination. Review with Management and Human Resources prionto actual termination action. Unplanned time off is unpaid if all time has been exhausted; otherwise, unplanned time off used before it is available is unpaid ,

(a) unplanned absence refers to periods up to and including 1 day

If an employee has a single incident of unplanned time away from work that is comprised of more than one day, each day will count as one unplanned absence for purposes of disciplinary action. The Manager, therefore, will take all of the actions called for in the above chart, with the exception of termination. For example, if the employee has exhausted his/her total allotment for time away from work (both unplanned and planned time) and then is out three days, the Manager will proceed with placing the employee on Job in Jeopardy status. If the employee is out four days, the management action called for would be termination; however, the lesser management action (Job in Jeopardy) would be taken and termination would occur with the next unplanned absence of time away from work.
Note: Employees who complete disciplinary action resulting from having used all unplanned time available win go to the next stage of disciplinary action if further incidents occur during the calendar year or while on RI or JIJ. If the HI or JU status carries over into the following year (because 3 or 6 months have not been completed), Unplanned Time Off wfll be refreshed in the following year according to the New Hire Schedule. The amount of available time off wfll be determined depending on the month the employee satisfactorily completes the RI or JU requirements. All benefits will be resumed, and the employee wfll be considered in good standing from a disciplinary standpoint In all cases, previous'and future disciplinary action wfll continue to remain part of the employee's records and may be taken into account in determining appropriate action should there be additional abusive use of unplanned time. Employees who are at the Verbal Counseling (VC) level wfll have their Unplanned Time Off refreshed according to the normal schedule.

7/10/01

EEOOCGLIC-0051

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 7 of 54

Late Arrivals/Early Departures
Employees are expected to be at work on time and to remain at work through the end of their normally scheduled workday. They are also expected to work up to the designated break and lunch times, and to return as scheduled. Employees who arrive late and/or leave early will not be paid for time not worked, unless the time exceeds one hour, and can therefore be paid out of available unplanned time. Employees who repeatedly arrive late and/or leave early during the workday or during break and lunch times may be subject to disciplinary action, up to and including termination. Unsatisfactory arrival/departure trends may also affect an employee's performance ratings and salary increases as well as trigger an adjustment to their approved work schedule.

Unreported Absences/Job Abandonment
An employee absence of three consecutive days without appropriate notice to the Manager will result in a presumed resignation. Termination of employment will result unless the Manager and Human Resources Consultant determine that circumstances existed that were beyond the employee's control. For unreported non-consecutive workday absences, the Manager/supervisor may proceed with progressive discipline up to and including termination. For the first nnrcported absence in a calendar year, the Manager/Supervisor may begin with "Job in Jeopardy." If another unreported absence occurs within the same calendar year or prior to the completion of the six-month disciplinary action period, the Manager may proceed with termination.

Excused Absences
Certain types of absences, late arrivals, and early departures, or other time away from work may be considered excused and will not require an employee to use his/her Unplanned Time Off. However, an employee may choose to use paid time off to cover for the absence if the absence is not paid for by the company. These types of excused;absences include those that are planned as well as unplanned. 'Whenever possible, however, these absences should be planned ahead of time and 24 hours advance notice provided. Examples of each are listed below. In all-cases, these absences must be properly documented and approved as excused absences; they will not be counted as unplanned absences for employees on disciplinary action for attendance. Planned Excused Absences: » Jury Duty/Subpoenaed Court Appearances or Court Summons (court provided document is required) + Military Leave (copy of orders) + Blood Donor^lasmapheresis * Management approved civic responsibility + Employee graduation to receive diploma/degree * Approved development programs * Adoption* Unplanned Excused Absences: + Bereavement Leave (some form of documentation fiom Service or Funeral Home is required) * Workers' Compensation Leave
* See HR Policies and Programs on the CIGNA Intranet for further details.

7/1001

7

EEOC-CGL1C-0052

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 8 of 54

Family Medical Leave (FMLA)
Family Medical Leave is offered to eligible employees to take time-off for the birth or-adoption-of a child, placement of a foster child, the serious health condition of a close family member, or for the employee's own serious health condition. Employees may obtain additional information on Family Medical Leave from their Manager, HR Representative, or the HR Service Center at 1.800.551.3539. Employees approved for Family and Medical Leave can use available supplemental or vacation/personal holiday time to provide payment for the FMLA time or take the time as unpaid. FMLA-approved absences which exhaust an employee's paid time off will be unpaid but will not be considered for progressive discipline. When an employee is away from work for a reason that is potentially FMLA qualified, the supervisor must remind the employee of the FMLA policy. The employee must provide medical certification if he/she is requesting FMLA time if the reason involves an employee or family illness that has not been previously certified. Employees with less than 1 year of service or 1,250 hours are not eligible for FMLA leave. (Note: Eligibility and allotment may vary by State. Contact the HR Service Center for details regarding your State's guidelines.) If an employee who docs not qualify for FMLA leave needs to take time off for a reason that would otherwise qualify for FMLA, the unplanned time away from work will be deducted from his/her available unplanned time. Absences after all unplanned time has been exhausted will be considered excessive. Refer to the FMLA policy for additional information.

Short Term Disability (SID) Leave
th

V

.;»,-..

·: ·'

STD benefits begin on the 6 consecutive day of disability. Beginning in 2002, the first 5 days of disability will be funded from the employee's available supplemental time and then vacation/personal holiday time; Also at the beginning of 2002, regular full-time and benefits-eligible part-time employees are not eligible for STD until after completion of 6 months of employment Unplanned time away from work as a result of an injury or illness that is submitted for STD benefits and subsequently denied will be charged first to an employee's available unplanned time off and then to other available time off. Each day will count as an individual absence and the employee will advance to whatever level of disciplinary action, if any, is appropriate. (Refer to Progressive Disciplinary Process section of this document for details.) If all time off has been exhausted, pay deductions (amounts equal to the amount of actual time missed, calculated on base pay not including overtime, lump sum awards, etc.) will be applied. FMLA may also be applicable in this scenario; HR Generalists or the HRSC should be contacted for additional information. In situations where FMLA is not applicable, disciplinary action may also be taken.

New Employees Time Off
Once an employee has completed the first 90 days of employment, time off is available to new employees on a pro-rated basis according to the chart below. (New employees are eligible to use time off after they have completed 90 days of employment). Regular part-time (benefits eligible) employees will accrue a prorated amount of paid vacation days based on their regularly scheduled hours. Employees hired after January 1 will receive a pro-rated amount of supplemental time and will accrue vacation/personal holiday time during the first calendar year of employment The amount of time available for use on an unplanned basis will also be pro-rated.

EEOC-CGL1C-0053
7/10/01 8

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 9 of 54

New Hire Schedule

1.5 days (12 to) September 1,2001 October 1.2001
November 1.2001
1.0 days (8 to)

4.67 days 3.50 days 233 days 1.17 days 14.00 days
12,60 days

633 days ^.75 days 3.17 days 1.58 days 19.00 days 17.10 days 15.20 days
1330 days

8 hours

December 1.2001 January 2,2002 February 1,2002 March 1,2002 April 1,2002 May 1,2002 June 1,2002 July 1,2002 August 1,2002 September 1,2002

5.0 days (40 to) 4.5 days (36 fas) 4.0 days (32 to)
3.5 days (28 fas)

64 hours

56 boms 48 bolus 40 boms 32 boms 24 hours 16 boms 12 hours 8 boms

11.20 days 9.80 days 8.40 days 7.00 days 5.60 days 4.20 days 2.80 days

3.0 days (24 fas) 2.5 days (20 to)
2.0 days (16 to) 1.5 days (12 fas) 1.0 days (8 to)

11.40 days
9JO days 7.60 days 5.70 days

3.80 days

(a) (b) (c) (d)

1.40 days 1 JO days October 1.2002 November 1.2002 December 1,2002 Time Off in 2003 and Subsequent years mU follow the progression as outlined for 2002 Available to employees after 90 days of employment Accrued ona 12-month basis during 2001 and on a 10-montb basis beginning in 2002. Incoiporated in Supplemental and Vacation/Personal Holiday Time. Total number of times unplanned time may be used during the first year of employment

7/10/01

EEOC-CGLIC-0054

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 10 of 54

New Employees Progressive Disciplinary Process
Good attendance habits should begin on the very first day of employment and are especially' critical for new employees whohave the added responsibility of leaming a new job thoroughly and efficiently. No time off is available during the first 90 days of employment Unplanned absences during the first 90 days will be addressed as follows: I*1 unplanned absence=VC (Verbal Counseling notice) 2nd unplanned absence = HI (Requires Improvement notice) 3rd unplanned absence = JIJ (Job in Jeopardy notice) 4th unplanned absence=Termination Review * Note that for a new employee the Job in Jeopardy period will be 30 days. During this 30-day period, if the employee accumulates one additional unplanned absence, he/she will be subject to discharge. An unplanned absence may occur in increments smaller than 1 day. A new employee will transition to the regular attendance policy and will be considered in good standing fiom a disciplinary standpoint after: · 90 days of employment, and · Successful completion of the Job in Jeopardy (if applicable) ALL PROPOSED TERMINATIONS WILL-BE REVIEWED BY HUMAN RESOURCES PRIOR TO NOTIFICATION OF TERMINATION.

EEOC-CGLIC-0055 7/IO/OI . 10

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 11 of 54

EXHIBIT 10

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 12 of 54

%-*&

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Equal Employment Opportunity Commission, Plaintiff,

vs.
CIGNA Healthcare of Arizona, Inc., and Connecticut General Life Insurance Company, Defendants.

) } ) ) ) No. CIV-04 0627 PHX JAT )

DEPOSITION OF TIFFANIE DII.LARD Phoenix, Arizona May 25, 2005 8:56 a.m.

REPORTED BY: WILMA A. WEINREICH, CSR, RPR Certified Court Reporter Certificate No. 50530 PREPARED FOR: MS. KRISTIN CULBERTSON SSOCIATES
(Copy)
_*"

court reporters

3030 North Central Avenue Suite 1102 · Phoenix. Arizona 85012 T 602.264.2230 888,529.9990 F 602.264.2245

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Pagewww.eriffinreporters.com 13 of 54

DEPOSITION OF TIFFANIE DILLARD - 5/25/05

1 2 3 4 5 6

DEPOSITION OF TIFFANIE DILLARD was taken on May 25, 2005, commencing at 8:56 a.m. at the law offices of the Equal Employment Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona, before WILMA A. WEINREICH, a Certified Court Reporter in the State of Arizona.

7
8 9 10 11 12 13 14 15 16
17 18 19 20 21 22 23 24 25

COUNSEL

APPEARING: LITTLER MENDELSON By: Ms. Kristin R. Culbertson 2425 East Camelback Road Suite 900 Phoenix, Arizona 85016 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By: Ms. Katherine J. Kruse 3300 North Central Avenue Suite 690 Phoenix, Arizona 85012

ALSO PRESENT: Ms. Korena Carlyon Ms. Shayna Balch.

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

GRIFFIN Document & ASSOCIATES 09/16/2005 Page 14 of 54 97-4 Filed - 602.264.2230

DEPOSITION OP TIFPANIE DILLARD - 5/25/05

26

1 2 3 4 5 6
7 8

BY MS. KRUSE: Q. Did you have an update or briefing on equal

employment opportunity law in 2003 monthly? MS. CULBERTSON: THE WITNESS: BY MS. KRUSE:
Q. A.

Form.

Provided by CIGNA?

Yes.
No.

9 10
11

Q.

In 2003, Tiffanie, did you have a briefing or

update on equal employment opportunity law quarterly?
A.

No.

12
13 14 15 16
17

Q.
A. Q.

I n 2 0 0 3 d i d you have a briefing or update on
That would be a fair estimate. Did you have briefings and updates on equal

equal employment opportunity law twice a year?

employment opportunity law in 2004?
A.

Yes.

18 19 20 21 22 23 24 25

Q. A. Q.

Can you estimate the frequency for me? An estimate would be twice. And to date in 2005 do you recall how many

briefings and updates you have had on equal employment opportunity law? A. Q. A. I don't recall any this year. Have you had any? I don't recall any this year.

WWW.GRIFFINREPORTERS.COM
Case 2:04-cv-00627-JAT Document 97-4

GRIFFIN & ASSOCIATES - 602.264.2230

Filed 09/16/2005

Page 15 of 54

DEPOSITION OF TIFFANIE DILIARD - 5/25/05

1 2
3

Q.

Because you have already given me an estimate for

at least for 2003 to the present of how many of those were
EEO; right?

4 5 6 7 8
9 10

A. Q.

Right. But you don't remember any of the EEO training

you have gotten at CIGNA specifically? A . I don't remember a specific training session at a specific date or time.
MS. CULBERTSON: BY MS. KRUSE: Form.

11
12 13 14

Q.

So far you have testified that your training on

equal employment opportunity issues at CIGNA comes in the form of briefings and updates that you estimate at least for 2003 and 2004 to be twice a year via a number of means

15 16
17 18 19 20 21 22

including a meeting, conference call, web based or in person from fifteen minutes to two to three hours?
MS. CULBERTSON: BY MS. KRUSE: Q. Correct? MS. CULBERTSON: THE WITNESS: BY MS. KRUSE: Form. Form.

Correct.

23 24 25

Q. testified

Is there any other training you have had at CIGNA about?

on EEO issues other than that training you have already

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 16 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILIARD - 5/25/05

1

MS. CULBERTSON:

Form.

2 3 4
5

THE WITNESS:

The other training would be at

outside continuing education sessions, legal updates that are both local and national.
BY MS. KRUSE:

6 7 8 9 10
11 12

Q.

When you say outside continuing education

sessions and legal updates, both local and national, are you talking about two separate things or are you saying that the continuing education sessions provide legal updates?
MS. CULBERTSON: THE WITNESS: Form. They could I'm saying both.

13 14
15 16

be either a legal update or they could be continuing education units.
BY MS. KRUSE: Q. Tell me all the continuing education you had on

17
18

equal employment opportunity issues since you went to work
for CIGNA in 1999.

19
20 21 22

A.
Q. A. Q.

I can't recall every session.
Tell me what you can recall. I attend legal updates at least once a year. Let me stop you because you distinguished between

23 24
25

continuing education sessions and legal updates.
opportunity right now.

I'm

asking you about continuing education on equal employment

WWW.GR1FFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 17 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILLARD - 5/25/05

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. issues? Q.

Specific continuing education solely on EEO

Continuing education that had a component of

equal employment opportunity issues to it. A. Okay. And you are asking across my entire

employment with CIGNA? Q. I'm asking you to tell me the sessions you

recall, yes A. Q. Okay. I d o n ' t r e c a l l a specific session.

How many sessions of continuing education have

you had that included an equal employment opportunity component since you arrived at CIGNA in 1999? A. Q. A. I can estimate. Go ahead. The majority of the sessions have a component of

EEOC information. Q. And how many sessions would you estimate that you

have had? A. Q. A. year. Q. And estimate the length of the equal employment Since joining CIGNA? Yes. If you can estimate. Between five and ten I attend yearly or twice a

opportunity component of the continuing education that you have had since you arrived at CIGNA.

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES09/16/2005 Page 18 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OP TIFPANIE DILIARD - 5/25/05

1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

So since you have arrived at CIGNA when you

attend SHRM conferences/ you have attended training on EEC issues and other HR issues; is that correct? A. Q. Correct. What training is provided to the employees of the

Phoenix Service Center? MS. COLBERTSON: Would this be a good time

for you to, before you launch into this questioning, take a very quick break? MS. KRUSE: Sure.

(Recess taken, 10:34-10:46.) MS. KRUSE: We are back on the record.

(The requested portion of the record was read.} THE WITNESS: Employees become aware of

their responsibilities in many ways. BY MS. KRUSE: Q. I want to know what training is offered on EEO

issues to the employees of the Phoenix Service Center. A. Again, if I define training as knowledge they are

required to have, they receive that training through · various methods. Q. I'm going to define training as a program of What

education, live education offered by a presenter.

kind of training do employees, since you arrived at the

WWW.GR1FF1NREPORTERS.COH

Case 2:04-cv-00627-JAT

GRIFFIN 97-4 Document & ASSOCIATES09/16/2005 Page 19 of 54 Filed - 602.264.2230

DEPOSITION OP TIFFANIE DILLARD - 5/25/05

40

Phoenix Service Center in 2002, obtain at CIGNA under that definition on EEO issues? 3 4 MS. CULBERTSON: THE WITNESS: Form.

When you say "employees," are

you referencing managers or are you referencing non-managers? 7 8 9 BY MS. KRUSE: Q. Both. If you'd like to separate it out, we can

start with since arrived at the Phoenix Service Center in 2002, what live training by a presenter has been offered to managers on EEO issues? A. We have had manager briefings that I have

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

facilitated. Q. A. Anything else? Live instructor led training would have been

those manager briefings. Q. How many of those have you had on -- first of

all, tell me what you mean by "manager briefings." A. I mean a training session that provided guidance

for our managers on the EEO issues. Q. A. Q. Live training; right? Correct. Since you arrived at the Phoenix Service Center

in 2002, how many of those manager briefings have you facilitated, the ones that had specifically guidance on

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 20 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFPANIE DILLARD - 5/25/05

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

managers at the Phoenix Service Center on EEO issues? A. Q. A. plan. Q. A. Two that I can recall. Could you tell me about them? One was an overview of our affirmative action One was what I call HR 101. And what do they do in HR 101? I t ' s g o t v e r y different issues: Discrimination

avoidance, harassment avoidance, Americans with Disabilities Act information, to name a few topics. Q. Discrimination avoidance, harassment avoidance,

the Americans with Disabilities Act, and what was the other thing? A. Q. A. Q. And CIGNA policies on the above. Does HR 101 encompass solely EEO issues? The majority of the sessions are EEO issues. In the 2004 session that you can recall HR 101

training at the Phoenix Service Center for managers, how long was the EEO component? A. Q. Approximately six hours. The training on the overview of the affirmative

action plan that you recall occurring in 2004 at the Phoenix Service Center, how long was that? A. Q. Approximately two hours. What is CIGNA's affirmative action program? MS. CULBERTSON: Form.

WWW.GR1FFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 21 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OP TIFFANIE DILLARD - 5/25/05

43

1

THE WITNESS:

What is CIGNA 1 s affirmative

2
3 4

action program?
BY MS. KRUSE: Q. Right.

5 6 7 8
9 10

A. for? Q.

Can you be more specific in what you are looking You conducted training on CIGNA's affirmative

action plan in 2004 for approximately two hours?
A. Q. Uh-huh. What did you tell people?

11
12 13 14

A.
Q.

In two hours?
You can summarise. I'm looking for a description

of CIGNA's affirmative action program. A. Obviously it encompasses many things * Some of

15
16

the things that were covered in the training were some of
our affirmative action goals, what we were doing to reach

17 18 19 20
21 22

those goals, what the manager's role was. Those are the three main areas. Q. Does CIGNA's affirmative action program have goals for the Phoenix Service Center?
A. Q. Yes, it does. And what are those goals currently?

23 24
25

A.
Q.

I would need to refer to our affirmative action
Tell me what you remember if anything.

policy to give you the details.

WWW.6RIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES09/16/2005 Page 22 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OP TIFEBNIE DILLARD - 5/25/05

44

1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q.

Our current

-- Does the affirmative

Let's focus just on gender.

action policy in the Phoenix Service Center have a gender component? A. Q. A. Yes/ it does. Can you tell me what it is? It does not show that we are underrepresented in

the female category so it's not one of our goals for improvement. Q.
in?

For improvement.

What does it show that you are underrepresented

A.

What does it show -- I'm not understanding. MS. CULBERTSON: Form.

BY MS. KRUSE:

Q.

You indicated it does not show that we are

underrepresented in the gender category?
A. Right.

Q. A.

What is? The affirmative action goals that we have do not

show that we are underrepresented in the female category. Is that what you 1 re asking? Q. I'm asking you if your affirmative action goals

had a gender component.
A.

Yes.

Q.

And I was asking you to clarify what you meant

WWW.GRIFF1NREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES09/16/2005 Page 23 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFPANIE DILIARD - 5/25/05

45

1 2 3

when you answered the question.

So you said affirmative

action goals for the Phoenix Service Center do not show CIGNA being underrepresented in the female right? A. Q. Correct. So that there are no goals for improvement in category;

4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

that area? A. Q. Correct. We are 86% female in our office.

In 2003, what training sessions did you provide

to the management of the Phoenix Service Center to provide guidance on EEO issues? A.
ago

I don 1 t remember a specific session two years

Q.

You testified about there being two sessions in

2004, one an overview of affirmative action plans and one in HR 101; right? A. Right.

Q.

Do you provide fairly consistent educational EEO

issues annually?
A. I believe we do fairly consistent.

Q.

Do you believe that in 2003 that you would have

provided training comparable to what you provided in 2004?
A. I think that's a fair estimate.

Q.

And how about in 2002?

You arrived well into

that year; right?

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 24 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIPPANIE DILLARD - 5/25/05

47

1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

training sessions. A, Q, Right.

You indicated you facilitated

those?

Have you testified as to all the training that

was provided to the managers at the Phoenix Service Center? A. I have given you specific recent training that I

have clear recollection of that was in-person instructor-led training. We provide other types of training as well. That's the instructor led that I recall. Q. Tell me then about the other training that's

provided to managers at the Phoenix Service Center on EEO issues. A. Managers are required to attend -- we have a

process in place for managers to attend a course that's called Civil Treatment, and it's a requirement for all CIGNA managers. It is a two day session devoted to EEO issues basically civil treatment, equal treatment of all employees. Q. And all CIGNA managers are required to take that

training?
A.

Yes.

Q.

And that includes the managers at the

Phoenix

Service Center?

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 25 of 54 Filed -602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILLARD - 5/25/05

48

1

A.

Yes.

2 3 4 5 6 7 8 9 10 11
12 13

Q. A. managers. Q. A.

How often do they take the training? They are required to take it as they become How soon after they become managers are they Our goal is within the first three to six months

required to take the civil treatment? of becoming a manager, if not sooner, depending on when sessions are offered. Q. Occasionally do the work schedules -- is it necessary that --
six months? A. And some take it before.

do some managers take the training after

14
15

Q.
A.

But some take it after six months?
That's possible.

16
17

Q. A.

What does the civil treatment class cover? Everything from racial discrimination, sex

What

are the topics?

18 19 20 21 22 23 24 25

harassment, again/ ADA accommodation/ pregnancy discrimination/ gender discrimination, inappropriate behavior in the workplace and how to manage those. Q. A. When you say "inappropriate behavior," what do I mean things that may riot reach the level of you mean by that? illegal but still not behaviors that we want to have occur

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 26 of 54 Filed -602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILLABD - 5/25/05
3 J.

1 2

MS. CULBERTSON: THE WITNESS:

Form.

Not new managers who had not

3 4
5

already attended civil treatment, to the best of my knowledge.
BY MS. KRUSE:

6 7
8

Q.
A.

How many managers are attending in the summer at
Three. At this time we have three.

the Phoenix Service Center? Q. A. Q.
A.

9 10 11
12 13 14

And are you conducting it? I will. Can I come?
Sure. MS. CULBERTSON: She's serious. Objection.

BY MS. KRUSE:

15
16

Q.
A.

And it's a two day class.
Yes.

Is that what you said?

17 18
19 20 21

Q.

So it's basically offered on an as-needed basis
MS. CULBERTSON: THE WITNESS: Form.

as new managers arrive?

Yes.

BY MS. KRUSE:

22 23 24 25

Q. A.

I'd like to try to cover one more topic before we There are other ways that managers are trained as

break at 12:30. well, if you want that information.

WWW.GRIFFINREPORTERS.COH

Case 2:04-cv-00627-JAT

GRIFFIN 97-4 Document & ASSOCIATES 09/16/2005 Page 27 of 54 Filed - 602.264.2230

DEPOSITION OF TIPPANIE DILIARD - 5/25/05
*J J^

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23

Q. A.

Please tell me. Other training -- we talked about civil

treatment.

Other training that managers receive is in

their new employee orientation as they join the organization. All employees receive that training in the on-line orientation as well as in-person orientation that we conduct to supplement the on-line orientation. Q. And what does that training consist of? MS. CULBERTSON: THE WITNESS: Form. Equal

Multiple topics.

treatment of all employees is one of the main topics. BY MS. KRUSE: Q. Okay. I think my question was a little vague.

What you said is that new employee orientation involves training and that training encompasses multiple topics? A. Q. Right. Equal treatment/ equal employment opportunity

issues, or one of those topics? A. Q. Correct. And the orientation has an on-line component and

a live in-person component?
A.

Yes.

24 25

Q.

W h a t i s t h e length of the equal employment

opportunity component of the new employee orientation

WWW.GRIFF1NREPORTERS.COM

Case 2:04-cv-00627-JAT

GRIFFIN 97-4 Document & ASSOCIATES 09/16/2005 Page 28 of 54 Filed - 602.264.2230

DEPOSITION OP TIFFANIE DILLARD - 5/25/05

53

1 2
3 4

training on EEC issues or orientation on EEO issues? A.
Q. A.

The in-person session is one hour.
Solely on EEO issues? Equal treatment, the workplace, the environment,

5 6
7

etc. Approximately one hour.

The web-based piece can be --

approximately one hour, depending on how fast somebody
or slow because it's self-paced.

8 9 10
11
12

Managers also receive interview training on how to appropriately interview and select new hires, and managers go through that training prior to interviewing
for us.
Q. And does that have an EEO component?

13 14 15 16 17
18

A. Q. training? A.

Absolutely. How long is the EEO component of interview It's woven throughout the entire session. The

session is a full day.
Q. Are there other topics other than EEO components

19 20 21 22 23 24
25

to interview training? A. Sure. How to make the best match for the job in terms of skill set, interviewing techniques, behavioral interviewing, style, practice, etc. It's woven throughout the entire session. Q.
A.

It's an eight hour one-day session?
Yes.

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 29 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILLARD - 5/25/05

54

1 2 3 4 5 6 7 8 9 10
11

Q. A. Q.

When do managers obtain interview training? Beforetheyare allowed to interview for us. Do they go through once or more than once? MS. CULBERTSON: THE WITNESS:. Form.

I'm not sure what you're

asking. BY MS. KRUSE: Q. You indicated managers obtain interview training

that have an EEO component before they are allowed to conduct interviews at CIGNA; right?
A.

Yes.

12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

And do they take that manager training that one

occasion or is it repeated? A. T h a t p i e c e i s repeated prior to our interview

season for the managers who are going to be interviewing -- our hiring is very seasonal so we will select a group of managers for that hiring season and we will have refresher training for them prior to participating in the interviewing and hiring process. Q. When you say we "select a group of managers/" are

you talking about the Phoenix Service Center? A. Right. Myself and the senior directors in the

operation. Q. So a portion of the managers go through the

training again prior to interview season every year?

WWW.GR1FFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES09/16/2005 Page 30 of 54 Filed - 602.264,2230 GRIFFIN 97-4

DEPOSITION OF TIETANIE DILLARD - 5/25/05

oo

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16

MS. CULBERTSON: THE WITNESS: BY MS. KRUSE: Q.

Form.

Correct.

Did I understand you correctly that new employee

orientation on EEO issues is provided to both managers and non-managers? A. Q. Right. Is there any other training provided to managers

of the Phoenix Service Center on EEO issues other than what you have already discussed? A. There is also the just-in-time training, as they

have questions, as we work employee relations issues, and that's a large portion of the work I do. Q. Does that involve answering questions about how

to handle things like terminations?
A.

Yes.
Why do you describe that as training? Because it's giving managers knowledge to do

17 18 19 20 21 22 23 24 25

Q. A.

their jobs and it's consulting with me as the HR professional to make the right decisions. that is a component of training. Q. So I believe

On-the-job training.

Any other training given to managers on EEO

issues as you define training? A. Again, if I define training as giving managers

knowledge to do their jobs, there are multiple resources

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document& ASSOCIATES 09/16/2005 Page 31 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OP TIPFANIE DILIARD - 5/25/05

56

1
2

for our managers.
There are reference guides on our intranet.

3 4 5 6 7 8 9 10 11
12 13 14

There is the employee relations department that's available for consult. There are posters throughout our building specifying our policy and how to address concerns. Q. A. Q. Anything else? Those are the ones that come to mind. 1sthere any other training of non-managers at

the Phoenix Service Center on equal employment opportunity issues beside the employee orientation that has an EEO
component to it? MS. CULBERTSON: THE WITNESS: Form.

Again, if I define training as

15
16 17

giving people knowledge, it would be also
BY MS. KRUSE: Q.

--

Let me stop you because I want to define training

18 19 20
21

first again as live education instructor lecturing. A.
Q-

The instructor lecturing provided to non-managers
And is that the orientation as you previously

is mainly at orientation when they first become employed. testified to that's given to managers?
A. Correct.

22
23

24 25

Q.

So it involves a live component of maybe an hour

and a web-based component that's self-paced but could

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

GRIFFIN 97-4 Document & ASSOCIATES 09/16/2005 Page 32 of 54 Filed - 602.264.2230

DEPOSITION OP TIFFANIE DILLARD - 5/25/05
O/

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

possibly take an hour? A. Q. A. Correct. Anything else? If you define training as instructor led, that

would be the main instructor-led piece. Q. You say it's the main. Is there any other

instructor-led EEO training to non-managers at the Phoenix Service Center? A. The way you define training, that would be the

training that I would reference. Q. And in the broader definition of training of

providing information to employees, what else is provided to employees regarding EEO issues to non-managers at the Phoenix Service Center? MS. CULBERTSON: THE WITNESS: Form. It

There are multiple venues.

begins when they first apply for the job. policy and our stance. It's on the application. website. It's in the employee handbook.

This is our EEO

It's on our It's in the

documents they receive as a new hired employee before they even show up for Day One. Again, it's at the orientation. in our building. It's throughout our website. It's posted There is

an annual reaffirmation statement from the CEO of the

WWW.GR1FFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 33 of 54 Filed - 602.264,2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILLARD - 5/25/05

58

1 2 3 4 5 6 7 8
9 10

company. T h e r e i s t h e annual performance objective that all employees and managers are held to regarding the work environment. It's called The People Expectation. we hold every Or if you're a manager, it's called The Manager Expectation. So employees are held -- employees fairly.
BY MS. KRUSE: Q. And you define that as equal employment

employee accountable to that expectation of treating

11
12 13

opportunity training?
A . I believe that when you have a performance evaluation that covers that topic being an expectation for

14 15 16
17 18

all employees when you spend time on that one on one with your employee twice a year/ that would be part of a training curriculum.
Q. A. You spend time on it twice a year. How so? When I have my performance evaluation with my

19 20 21 22
23

boss and I walk through all of my performance objectives and one of those performance objectives is how did I treat folks fairly and insure that we have a discrimination-free, harassment-free work environment, and
have a chance to be evaluated and measured on those, I

24 25

think that is to make sure that everyone in the environment knows what that is and knows that they are

WWW.GR1FFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document& ASSOCIATES 09/16/2005 Page 34 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILLftRD - 5 2 / 5 /50

59

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17

going to be able to utilize that and consider that part of the training curriculum. Q. And your employees are given performance

evaluations twice a year? A. Q. A. Q. Right. Pardon? A mid-year and an end-year evaluation. And what is the people expectation facet of the A mid-year and end-year evaluation.

performance objectives for non-managers? A. Q. A. It is what I have just described. Can you describe it again? It's the expectation that everyone in our

environment is held accountable to treating everyone fairly. Q. CIGNA?
A.

And that's a component of performance reviews at

Yes.

18 19 20 21 22 23 24 25

Q. A.

H o w i s i t worded in those performance reviews? I would have to reference the APO. I would have I don't have it memorized in my

to see the document. head. Q.

It's a long piece of the document. But you would summarize it as being an

expectation that everyone treat everyone fairly? A. Q. That would be a summary, sure. And the manager expectation, you said that the

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

GRIFFIN 97-4 Document & ASSOCIATES 09/16/2005 Page 35 of 54 Filed - 602.264.2230

DEPOSITION OP TIFFANIE DILLARD - 5/25/05

60

1 2 3 4 5
6

people expectation is the standard for non-managers and the manager expectation is the manager standard; right? A. Q. Correct. 1 s t h a t t h e same expectation that everyone treat

everyone fairly?
A.

Yes.

7 8 9 10 11 12 13 14 15 16 17 18 19 20
21

Q.

And managers are evaluated on whether they are

treating everyone fairly? A. Q. A. Q. CEO? A. That comes to all employees the very first Correct. And non-managers are as well? Correct. What's the annual reafformation statement by the

business day of every year stating our position and our expectation of all employees. It's posted in the building so that everyone can reference it. We have it posted in a couple locations

in the building next to our legal postings. Q.
A.

What -- is it a statement about EEO objectives?
Yes.

22 23 24 25

Q. A.

And generally what does it say? It generally restates our policy and our and our position. Excuse me.

positions -- Q.

Are those the policies as articulated in the

WWW.GRIFF1NREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 36 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILLARD - 5/25/05

61

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

employee handbook? MS. CULBERTSON: THE WITNESS: BY MS. KRUSE: Q. And when you say "positions," what do you mean by Form, foundation.

Yes.

that as opposed to policies? A. I mean our position that we do not discriminate

against any group, that we treat everyone fairly in our environment. Q. That's the corporation's position, CIGNA

Corporation? A. Q. Correct. Employees also have access -- you described as

training that they have access to the EEO policy on their application, on the website, and in other documents? A. Q. A. Q. Correct. And you also referenced postings; right? Correct. What postings about equal employment opportunity

do you have at the Phoenix Service Center? A. We have the required -- we have the required

Five-In-One posting. Q. A. Q. Excuse me? We have the required Five-In-One posting. What's the Five-In-One?

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 37 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILLARD - 5/25/05

62

1 2 3 4 5 6 7 8 9 10 11 12 13 14
15

A.

It's got the required documents that we have to

post in the building. Q. What's the equal employment opportunity component

of the Five-In-One posting? A. I think -- I have not looked at that recently to

be able to recite what's on it. Q. A. Q. A. Q. Center? A. Q.
A.

But it does have some? Yes, it does. Do you know -- what do you mean by Five-In-One?

It's five posters on one document. Where is that posting at at the Phoenix Service

That Five-In-One is in the lunch room. Anywhere else?
No.

16 17 18 19 20 21 22 23 24 25

Q.

Are there any other postings of the Phoenix

Service Center regarding equal employment opportunity? A. There's the reaffirmation statement in the lunch

room next to the Five-In-One as well as outside of human resources. Q. When you say outside human resources, do you mean

like on a door as you enter the human resources area? A. Q. It's on the wall outside of my office. Are there any other postings on equal employment

opportunity at CIGNA Phoenix Service Center at the present

WWW.GR1FFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 38 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIETANIE DILIARD - 5/25/05

63

1

time?

2 3 4 5 6
7
8

A. Q. A. Q.
A.

I don't believe so. What' s the size of the Five-In-One poster? (Indicating). I'm going to guess inches here. This is a guesstimate.

It's maybe two feet by three feet.

It's bigger than an 8 1/2 x 11 piece of paper?
Yes.
MS. CULBERTSON: Can you compare it to

9
10

anything on the wall perhaps?
THE WITNESS: Roughly that size

11
12 13

(indicating).
BY MS. KRUSE: Q. The size of the I Have a Dream poster?

14
15

A.
Q.

Roughly.
Does either the reafformation statement or the

16 17
18

Five-In-One poster indicate who individuals can contact if they feel they have been discriminated against?
A. Yes. T h e r e i s t h e affirmation statement which

19 20
21 22 23

indicates local human resources as one point of contact. Q.
A. Q. A.

Any other point of contacts?
Also our corporate employee relations department. 1sthat listed on the affirmation statement? I believe it is. I believe it also references

24 25

our internal dispute resolution process which is called a speak easy process.

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

Document & ASSOCIATES 09/16/2005 Page 39 of 54 Filed - 602.264.2230 GRIFFIN 97-4

DEPOSITION OF TIFFANIE DILIAED - 5/25/05

64

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
19

Q.

Does it tell employees that they can contact any

of these processes? A. Q. I believe so. Does it provide any -- does it state any other --

anyone else that can be contacted? A. I believe it also states your manager as a

potential point of contact. Q. A. Anyone else? I think those are the four I can remember off the

top of my head. Q. A. Q. From the affirmation statement? Uh-huh. Does the Five-In-One poster have any information

on who employees can contact if they believe they have been discriminated against? A. Q. I believe it does reference the EEOC. The United States Equal Employment Opportunity

Commission?
A.

Yes.

20 21 22 23 24 25 BY MS. KRUSE: Q. little bit. next to you.

MS. CULBERTSON:

You need to speak up a

I can barely hear you and I'm sitting right

THE WITNESS:

I'm sorry.

H a s t h e Five-In-One poster been up continuously

WWW.GRIFFINREPORTERS.COM

Case 2:04-cv-00627-JAT

GRIFFIN 97-4 Document& ASSOCIATES 09/16/2005 Page 40 of 54 Filed - 602.264.2230

IN THE UNITED STATES DISTRICT COURT

^

FOR THE DISTRICT OF ARIZONA

Equal Employment Opportunity

Commission/
Plaintiff,
vs.

)
) ) ) No. CIV 04-0627-PHX-JAT } )

CIGNA Healthcare of Arizona, Inc. and Connecticut General Life Insurance Company/ Defendant.

i " ·

DEPOSITION OF TIFFANIE DILLARD VOLUME II

Phoenix, Arizona June 16, 2005 9:35 a.m.

REPORTED BY: CATHY J. TAYLOR, RPR Certified Court Reporter Certificate No. 50111 PREPARED FOR: MS. KRISTIN R. CULBERTSON SSOCIATES
court reporters

'·-.·.. &

(COPY)

3030 North Central Avenue

Suite 1102

Phoenix, Arizona 85012

T 602.264.2230 888.529.9990 F 602.264.2245

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Pagewww.grtffin54 41 of reporters.com

70

DEPOSITION OF TIFFANIE DILLARD - VOLUME II - 6/16/2005 1 THE DEPOSITION OF TIFFANIE DILLARD was taken at

2
3

9:35 a.m., on June 16, 2005, at the Law Offices of EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION, 3300 North Central Avenue,

4 5 6

Suite 690, Phoenix, Arizona, 85012 before CATHY J. TAYLOR, a Certified Court Reporter in and for the State of Arizona, County of Maricopa, pursuant to the Rules of Civil Procedure.

7
8
9

COUNSEL APPEARING:

10

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

11 12
13

By: Ms. Kathleen J. Kruse 3300 North Central Avenue Suite 690 Phoenix, Arizona 85012
LITTLER MENDELSON

14
15

By: Ms. Kristin R. Culbertson 2425 East Camelback Road
Suite 900

Phoenix, Arizona
16 17

85016-4242

18
19 20 21
22 23 24 25

Also present:

Korena Carlyon

WWW.GRIFFINREPORTERS.COM GRIFFIN AND ASSOCIATES - 602.264.2230

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 42 of 54

114
DEPOSITION OF TIFFANIE DILLARD - VOLUME II - 6/16/2005

1 2 3 4 5

be -- we would start to consider them for conversion after four months. So the first three months in training and then one month in production. Q. And once they're -- they become a CIGNA employee,

if they've shown proficiency as a customer service associate,

6
7

do they also become a CSA-1?
A.

Yes. Yes.

8 9 10 11 12

Q. CSA-ls? A.

So they're hired by CIGNA as -- officially as

I believe so. I -- I think there probably have

been a few exceptions as we've hired first as trainees, close to meeting proficiency, had business need, et cetera.

13
14 15 16 17 18 19 20 21 22 23 24 25

Q.

Then once they're hired by CIGNA at the present

time, is there still a 90-day attendance policy for them at that point? A. No. There isn't a need at that point, because the attendance policy's in place to ensure that -- or was in place to ensure that trainees attended every day of training because the training piece is so critical to their success. So once they've already shown that they're successful and they're already transitioned to CIGNA, there isn't a need to even have this process. They are then bound by the time off policies for all other employees. Q. So the same time off policy applies to everybody in
WWW.GRXFF1NREPORTERS.COM GRIFFIN AND ASSOCIATES - 602.264.2230

the customer service associate realm at CIGNA --

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 43 of 54

129
DEPOSITION OF TIFFANIE DILLARD - VOLUME II - 6/16/2005 1 THE WITNESS: Right.

2 3

And 104 would have been available.

I don't

know if every manager would have had this accessible/ but it

4
5 6
7

would have been available in that time frame. Not every
manager would have gone through this training at that time, but the majority probably had.
BY MS. KRUSE:

8 9

Q.

Okay. Let's go back then to the ones that were

available in 2001, starting with 95. Tell me what this

10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

document is.
A. This is a job aid given to all employees, so managers and front line employees. All employees are required -- by employees, I mean managers and non-managers, are required to go through an ethics training program. And this is the job aid -- wallet sized card that you can keep with you at your desk or in your -- in your wallet. It gives you guidelines for ethical decision making. So the first page is the front of the card. The second page is the back of the card. That gives you some places to go to get help if you're faced with an ethical dilemma, including the CIGNA Ethics Help Line. Q. A. When do employees receive ethics training at CIGNA. Employees receive ethics training during new hire

orientation. Q. And is that when they receive this Exhibit 95?
WWW.GRIFFINREPORTERS.COM GRIFFIH AND ASSOCIATES - 602.264.2230

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 44 of 54

EXHIBIT 11

Case 2:04-cv-00627-JAT

Document 97-4

Filed 09/16/2005

Page 45 of 54

3-

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Equal Employment Opportunity Commission, Plaintiff,
vs .

*

·

) ) ) )
) No ) ) ) ) ) ) } )

CIV-04 0627 PHX JAT

CIGNA Healthcare of Arizona, Inc., and Connecticut General Life Insurance Company,

Defendants.

THE DEPOSITION OF DOLORES NELSON

Phoenix, Arizona May 26, 2005 11:18 a.m.

REPORTED BY: MARISA L. MONTINI, RPR Certified Court Reporter Certificate Number 50176 PREPARED FOR: J. Greg Coulter, Esq. (Copy) SOCIATES
court reporters

3030 North Central Avenue Suite 1102 Phoenix. Arizona 85012 T 602.264.2230 883.529.9990 F 602.264