Free Statement - District Court of Arizona - Arizona

EXHIBIT 4

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IN THE MATTER OF;

EEOC vs. Cigna HealthCare of Arizona, Inc., et al
Cause No. CIV'04 0627 PHX JA T

Deposition of Sandra Christine Gasche 5/11/2005

Gore Perry Gateway & Lipa Reporting 515 Olive Street Suite 700 St. Louis,MO 63101

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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.

Videotaped Deposition Of Sandra Christine GASCHE, taken on behalf of the Plaintiff, at Holiday Inn, 3800 Homer M. Adams Parkway, in the city of Alton, State of Illinois, on the llth day of May, 2005, before Nancy N. Abdallah, RPR, CCR, CSR (MO, ID and Notary Public.

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Q: A:

What's Employer Services? They're I guess another division. They -- I They

don't know how to explain what all they do.

work more with I think the -- it's hard to remember what -- all of the divisions of Connecticut General and CIGNA, but I think they worked more with the actual providers like setting up accounts on how they would be billed and things like that. Q: And what do you mean by "providers"? A: Well, providers would be someone that I

believe accepts CIGNA Healthcare insurance, so CIGNA what do -- would be doing business with them as well. Q: W o u l d t h a t b e l i k e corporate employers who

offer CIGNA medical insurance to their employees?
A:

Yes.

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Q:

So when you started with CIGNA or

Connecticut General in late '99, what were your initial job duties?
A:

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I staffed for the Phoenix -- for the

Healthcare Centers in Phoenix, usually -- or typically patient service specialists, medical records technicians. Q: And what did staffing involve?

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A:

Staffing involved sourcing candidates,
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talking to applicants, testing, and when applicable/ phone screens when applicable, in-face interviews when applicable, making job offers. Q: When you say "sourcing," what does that mean? A: Well, when we had a manager with a job that

needed to be filled, that would be locating candidates . Q: And did those duties -- had they changed in any way by November 2001, other than that you were staffing for the Phoenix Call Center and possibly Employer Services rather than the Healthcare Centers. A: Well, yes, because the different

divisions -- you know, there are different ways to source candidates and move them through the process if you're -- depending on the po'sition you're sourcing for. Q: So tell me about your duties in November of

2001.
A: Well, in staffing for the Call Center, most

of what we staffed there was cus'tomer service associates. And I believe the process at that time

had changed throughout time, but I believe it was -well, the first step to source a candidate, we would
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A:

Yes.

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Q:

And did you have authority while you were

employed -- while you were paid by Dependable Staffing, did you have authority from CIGNA to offer jobs to people?
A:
Q:

Yes.
On behalf of CIGNA?

A:

Yes.

Q: And did you use a computer in your work at CIGNA while you were paid by Dependable Staffing?
A:

Yes.
And was that a CIGNA computer?
Yes.

Q:
A:

Q: paper? A: Q:
A:

Did you use other materials at work, pens,

Yeah, sure. And were all those provided by CIGNA?
Yes.

Q:

So did Dependable Staffing Services do

anything other than pay your paycheck during the time that they paid you while you worked for CIGNA? A: Q: No, they did not. Did you ever work for Kelly Services, or

were you ever paid by Kelly Services while you worked for CIGNA?
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Q: You're saying time-off policies were different in the National Service Organization? that what NSO stands for? A: That's what NSO stands for, yes. And I Is

believe they were a little more stringent there, and certainly during training periods, because, for instance, the Healthcare Center wouldn't have had the same training as the service organization. Q: What's the basis for your belief that the Service Center was more stringent with their time-off policies during training? A: Because training was held in a classroom

setting and it was a lot of information to be absorbed in a very short amount 'of time. And if a

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person missed training, it would likely be detrimental to them because it would be very hard to catch up. It wasn't individualized training, it was

a group class setting.
Q: And my question was why'-- the basis for

your belief that the Service Center was more strict

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than the Healthcare Center.
A: I -- you know, I never sat in any of the

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Healthcare Centers, but I just believe that they
could have probably been a little more flexible because it wasn't the same -- they weren't sitting Gore Perry Gateway & Lipa St. Louis, MO (314)241-6750 621-4790 621-2571 621-8883

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through the same kind of training or doing the same job. Just like ray position would have been -- you

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know, my time off and vacation time and things would have been different than an hourly employee. Q: So let me make sure I understood you.

You indicate that you believe Healthcare -the Healthcare organizations could be more flexible than the Phone Center during the training period? A: Q: were? A: I believe so, yes. You're not in fact aware of whether they . ..

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I wouldn't be -- wouldn't be able to read

you rules of either vacation to the tee because I wasn't responsible for administering it. Q: And you weren't aware of whether the rules were more applied more flexibly in one area than in another, are you? A: I believe they were. I wouldn't be a

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hundred percent positive. Q: And what's the basis for your belief? A: Well, again, in service operations in the

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Call Center, specifically during the training, I know that they had very strict attendance policies because it was just -- it would be detrimental to a person to miss.
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Q:

So the basis of your belief that the call

center was more strict is that they were strict because of the classroom setting and it would be detrimental to miss class? A: Yes. I mean it wasn't individualized

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training where if you were -- if you were just training one person and they were sick for a day, you could pick it up the next day, but if you had a whole classroom of people things had to progress. Qi Do you know if this flexible time-off policy

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that's been marked as Exhibit 2 is part of a larger manual? A: Q: I don't know. And you see at the' top that it says,

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"Effective July 23rd, 2001"? A: Q: Uh-huh.. Do you know if this policy -- well, first of

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all, do you know which CIGNA entity the policy -the policies that are stated in Exhibit 2 apply to? A: Well, it says at the top, "Applies to all

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full-time and benefits-eligible part-time NSO nonexempt employees," so I would assume that that would be the group it applies to. Q: And NSO is the National Service Organization?
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Q: So the managers -- the actual customer service managers interviewing applicants would have reviewed this new employee progressive disciplinary process governing attendance for the first 90 days? A: Well, I know that they talked about I don't know if they went over I'm sure there

attendance policies.

it, you know, exactly atep by step.

are interview questions from that period of time that they used that, you know, w-ould show if they asked it verbatim or not. Q: But you believe that the managers

interviewing customer service applicants for the Phoenix service Center in November 2001 would have discussed the new employee attendance policy in some detail? A: I know that they discussed the attendance Attendance was always -- I mean

policy, yes.

everyone was -- within the hiring process was taught to talk about the importance of attendance, especially during training. Q: At the Phoenix Service Center? A: I would assume in all Service Centers.

Q: But the one you were familiar with was the Phoenix Service Center? A: Yes, that's -- well, at this time, yes.
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Q: And so this new employee attendance policy states, "No time off is available during the first 90 days of employment" ; right? A: That's what it states, yes.

Q: And it provides progressive discipline for unplanned absences? A: Right. Q: Do you know what an unplanned absence means under this policy? A: Well, I would assume it to mean something that wasn't planned. I mean any absence is what I

would assume it to mean since it' says, "No time off is available." Q: And are you familiar with whether -- at the stage of the third unplanned absence it says, "Job-in-j eopardy notice " ; right? A: Yes, that's what it says.

Q: And then below it states, "There is a job-in-jeopardy period of 30 days, and if there is additional unplanned absence in that 30 days the employee will be subject to discharge"; right? A: That's what it says, yes.

Q: Now, are you familiar with whether discharge was automatic if there was additional absence during a job-in-jeopardy period?
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A:

I'm not -- I'm not familiar with that

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because I wasn't responsible for disciplinary actions regarding anything, attendance performance, anything. Q: . ..

So you don't know whether discretion could

be used to determine whether somebody should be discharged for an absence during a job-in-jeopardy period?
A: I don't know.

Q:

And how about the -- after the fourth Do

unplanned absence it says, "Termination review." you know what that means? A: I do not. I would assume that means they

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would -- Human Resources would review for termination. question. Q: So you're not familiar with how these That would be a Human Resources

policies were applied and the level of discretion that was used at any stage in the process? A: No. Q: That's correct.

You testified in November 2001 you were

filling positions with the Phoenix Service Center? A: Uh-huh. Yes.

Q: And that was primarily customer service associates?
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A:

Yes.

Q:

And can you turn to what was marked in a And I don't need

previous deposition as Exhibit 16.

you to read the document, but if you could just glance through it and let me know when you've had a chance to just glance at it.
MS. CULBERTSON: KathyV can we take a short

break while she flips through that? MS. KRUSE: THE VIDEOGRAPHER: Sure.

Off the record at 10:06.

{Recess taken.}

THE VIDEOGRAPHER:

We are back on the record

at 10 :12 .
Q: (By Ms. Kruse) Sandra, while we were on a

break did you have a chance to look through what's been marked as Exhibit 16? A: Q: A: Yeah, I looked through it briefly, yes. Are you familiar with this document? From time to time we had different documents

like this that was, you know, a tool to tell folks a little bit more about what the position they were looking at. Q: And so were these -- was this given to

applicants to the Phoenix Customer Service Call Center? Gore Perry Gateway & Lipa St. Louis, MO (314)241-6750 621-4790 621-2571 621-8883

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it?

A:

Yeah, I would be surprised if this was given I believe

to her because the salary is incorrect,

it was twenty-four one -- I think it was twenty-four one when we hired during that time.
it was.

I'm pretty sure

Q:

That's what's been indicated to us.

Do you recall making a job offer to Carmen Santa Cruz?
A:

Yes,

I do.

Q: A:

In November of 2001? I'm sure that was the date, yes. It's been

a long time, but ... Q: And before we get into the particulars, can you turn to what's been marked as Exhibit 6 in a previous deposition? Glance at that to familiarize

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yourself a bit, and let me know when you've had a chance to do that.
A: Okay.

Q: Are you familiar with the document that's been marked as Exhibit 6? A: Q: A: It's a job requisition. And what is a job requisition? Well, a job requisition is something we

would -- as there were positions approved for hire,
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were working on? A: Also for -- it's housekeeping, tracking

purposes, how many applicants have, you know, applied for the position, what the status was in the

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end.
Q: When it was completely filled, if there were

multiple positions? A: Well, all the people would be in the

requisition if there were multiple hires. Q: But it would be noted that -- was it closed

at some point, in other words, a job requisition? A: Yes. When you were done with that it would

be closed. Q: So the job requisition tracks the process

from the moment that the hiring of a certain number of people is approved for a position through the process of hiring until the positions are all filled and then it was closed? A: Yes. Again, it's a matter of housekeeping.

For instance, in hiring -- when we hired multiple classes, we would maybe in the beginning, strictly to time restraints, open a requisition because that's what would be posted out. And the important

thing to get -- you know, the in-itial purpose of it was so people could see it and start applicant flow. Gore Perry Gateway & Lipa St. Louis, MO (314)241-6750 621-4790 621-2571 621-8883

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A:

Yes.

Q: And "Job Grade 41," do you know what that
is?

A:

Yes.

Different positions are assigned

·specific job grades. Q: And is that -- what is Job Grade 41? it refer to a wage level? A: Well, I don't know all the qualifiers that Does

Human Resources use when they attach job grades to specific job titles, but I would -- you know, I'm sure salary is a part of that. Q: Po you know what the -- was there a salary band for customer service -- a salary range for customer service associates? A: Well, they all started out at the same I

guess trainee rate of $24,100 per year, unless they were bilingual, in which case -- and this kind of depended on the need, but I believe at this time the dollar-an-hour bilingual increase was given after training was complete. Q: And what was that dollar-an-hour training increase -- I mean dollar-an-hour increase after training -- I mean bilingual increase after training? A: What was it for?
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A:

That's what I -- I think so.

Q: And at the back page of Exhibit 25 it indicates that Cheryl Wroten recommends carmen Santa Cruz for hire; correct? A: That 's correct.

Q: And it notes that Carmen Santa Cruz is bilingual? A: That's correct. Q: Is that the information you would have

focused on in making Carmen Santa Cruz an offer? A: Yes -- well, yes, I would have been -- they

would have given me the information back, recommend for hire, yes or no, so that's what would have happened. Q: And you testified earlier that during these interviews the customer service managers were required to discuss the attendance policy in some fashion with the applicant; correct? A: Yes, I believe they were. Q: And can you turn in Exhibit 25 to 0060? A: Okay.

Q: And do you see on the form, under "Questions," at the top of the page or toward -right below the first set of items it says, "Questions"?
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A:

Yes.

Q: And it says, "State to each applicant CIGNA has a very rigid attendance policy and you need six months to accrue before taking vacation time," And it goes on to explain the progressive discipline during the first 90 days of employment? AJ Q: I do see that, yes. So is that something that the managers were

required to follow during the interview, to provide that information? A: Yes, that's what they were instructed to

follow up, yes. Q: And this indicates that Carmen Santa Cruz

didn't express any concerns about the employment policy; correct? A: Q: Correct. Since it indicates on 0062 that Carmen Santa

Crus is bilingual, what --'do yooi know, was Carmen Santa Cruz offered a position to be a bilingual customer service associate? A: I don't recall, I'm sure she was. There

were times when we were looking for bilingual candidates and times we were not. More often than

not we were, so, you know, I would say with pretty good amount of certainty she would have been.
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I don't -- you know, I don't think they're a good candidate, I'd, you know, probably not make them a job offer.
her.

I don't recall discussing specifics with

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Q:

You don't recall anything specifically that

you discussed with Cheryl Wroten about Carmen Santa Cruz before you made Carmen a job offer?
A: I don't.

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Q:

But you do recall making Carmen Santa Cruz

the offer?
A: I do.

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Q:

And did you contact Carmen Santa Cruz by

telephone to make her that'Offer-?
A: Yes.

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Q:

And do you recall -- back on Exhibit 4, if

you would turn back to that -A: Okay.

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Q:

- - u n d e r "Additional Comments" you indicated

earlier that was your handwriting; correct?
A: Q:
A:

That's correct. And it says, " N o v e m b e r 16th,
Yes.

'01, LMVM."

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Q: A:

What does that stand for? Left message voicemail . That was my own

little ...

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Q: Abbreviation? A: Abbreviation, yes. Q: So does that indicate that you left Carmen

Santa Cruz a voicemail to offer her the position?
A:

Yes.

.

..

Q: And so the first time you called her she didn't answer and you left her a message? A: Well, I don't recall specifically, but if

that's what I wrote, then that's what would have happened, yes. Q: And do you recall whether you actually informed her on the message that you were calling to offer her a position? A: I don't recall.

Q: Would that have been your standard practice? A: I don't remember -- I don't remember,

really, typically, if I left a voicemail just to call me back or if I said call me back to -- you know, I want to offer you a position. remember which way I did it. Q: Do you recall, did Carmen Santa Cruz call you back, then?
A:

I don't

Yes.

Q: And do you recall the conversation? A: I don't recall specifics. It's been a very

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long time. Q: Is there anything you can tell me about that

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conversation, anything you remember about it? A: of it. Yeah. Well, yes. I can tell you the gist

Again, I can't recall specifics; it's been I remember offering Carmen a I

way too long ago. position.

She was a good candidate for us.

remember her then making some ki'nd of comment about doctors' appointments, that she was expecting. I remember again, you know, reiterating, to the best of my ability, not knowing all the attendance facts, that there was a strict attendance policy specifically during training because it was, you know, a lot of information in a short amount of time, and, you know, attendance was crucial during that time period. job offer.
Q: What did Carmen Santa Cruz say about doctors

And I remember her declining the

appointments? A: Just that she would have some. I mean

that's all I remember.

I don't remember specifics

of when she would have them or where she would have

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them or even if she made any comments to specific dates or times. Q: And she indicated she was expecting, meaning
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pregnant; right?
A:

Yes.

Q: What did Carmen Santa Cruz tell you about being pregnant? A: I guess just that she was. I mean, I

don't -- again, I can't recall specifics of a conversation that happened years ago. Q: And you stated you reiterated the attendance policy during training? A: That it was a very strict attendance policy,

again, due -- you know, it would be detrimental to anyone to miss during training, and that's why they had a strict attendance policy. It would be very

hard for them to be able to do the job if they didn't have the training. Q: Did you tell Carmen all of those things?

A : I'm sure I did . Q: Do you know what prompted -- did you ask Carmen Santa Cruz if she was pregnant?
A: Absolutely not.

Q:

Had anyone else informe.d you that she was

pregnant prior to this conversation?
A:

Not at all.

Q: And do you know why did Carmen Santa Cruz raise -- mention her pregnancy during this
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conversation, then? A: Well, you would have to ask her that I don't know1 why she chose to I wouldn't

question, I guess.

reveal the information at that time. even have a guess. Q:

Do you recall mentioning that there were two

training classes, one on December 10 and one on December 17, but that you wanted her to start on December 10? A: I don't recall that specifically/ but that Oftentimes we filled

wouldn't have been uncommon.

many classes -- you know, we had several dates set, and obviously we would try to fill the first one before we would move down the line. Q: So it's possible that you told her that

there were two classes but that you wanted her to start on the 10th rather than the 17th? A: That would be possible. Q: A: Rather than the 17th? · Well, again, we would always try our best to

fill the first class first, Q: A: So it's possible you told her that? It's possible.

Q: Do you recall her -telling you that she had a doctor's appointment on the 10th and preferred to
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Q:
A:

And that's what you did here?

Yes.
So Carmen Santa Cruz indicated she had

Qs

doctors' appointments because of her pregnancy, and that prompted you to reinforce the rigid attendance policy? A: " Specifically during training, the most

crucial time. Q: Did Carmen Santa Cruz make any response when you reinforced the attendance policy? A: I wouldn't remember a specific response.

Again, that's been too many years ago. Q: Do you remember in general anything she said? A: Nothing that's coining right to my mind.

Q: Did she indicate that she didn't anticipate any problems with the attendance policy? A: I don't recall. You know, as a recruiter,

it would not be my job nor my place to determine if someone can meet attendance requirements. their knowledge and their decision. That's

My job is just

to make sure they understand that it is in place. Otherwise, I would be playing a bit of a fortune teller or a God or something if I'm trying to determine if someone can make it to work or not.
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about you raising the attendance policy? MS. CULBERTSON: THE WITNESS: Q: A: (By Ms. Kruse) No, I didn't. Form.' I'm not Carmen.

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I don't.

Did you ask her?

Q: Did it occur to you that she might be upset because she believed you were assuming she couldn't meet the attendance policy once she revealed that she was pregnant?
MS. CULBERTSON: THE WITNESS: Form.

I wouldn't want to guess why.

I wouldn't have a guess.

Q: A:

(By Ms. Kruse)

So that didn't occur to you?

*

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

I don't recall what occurred in my mind

several years ago at that time. Q: And did you have a conversation -- did you

discuss this conversation with Heather Casey after you spoke to Carmen Santa Cruz? ' A: Yes. Carmen and I hung up the phone, and,

you know, I still felt Carmen was a good candidate. I wanted to make sure she -- before she just declined a position, I wanted to make 100 percent sure that she did understand the' whole attendance policy, and Heather Casey would be the one that would be able to explain that to her, not myself.
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So I asked Heather to give her a call and just make sure she had a clear understanding and did she want the position or not want the position. Q: I thought you testified that Carmen had

already declined the position? A: Q: She did decline the position. So why did you indicate -- why were you

thinking that she still might accept the position? A: Well, she was a good candidate for us, so,

again, I wanted to make sure, before someone -before she declined a position, I wanted to make sure she was a hundred percent aware of the attendance, and Heather would be the one to be able to do that for her. Q: You just testified you -wanted to make sure,

before,Carmen declined the position, that she was a hundred percent aware of the attendance policy? A: No, Carmen did decline the position, but I

18 19

wanted to give her another chance, I guess, and say, "Are you sure you don't want the position? the policy. better." Q: Were you concerned that Carmen had misunderstood what you had explained to her already? A: Well, me not being able to give exact
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Here is

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In depth Heather can explain it to you

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specifics of the attendance policy and the rigidity of -- I mean I could give -- you. know, tell her that the training was very rigid, the attendance policy, but not being able to give her exact specifics, I wanted to make sure that somebody did so she had a good understanding. And I don't know what -- you know, to what specifics the initial interview with Cheryl, I don't know if she went blow by blow of exact absences or whatever, so I wanted to make sure she had the right information. Q: So you wanted to give Carmen another chance

·

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25

because she was a good candidate? A: She was a great candida'te.

Q: And you wanted to give her another chance? A: Yeah. I wanted to make sure, before she

declined a position that might be good for her, that she had an understanding of the policy. Q: If you wanted to g'ive Carmen another chance

because she was a good candidate, why were you focused on explaining the policy to her better? A: Well, I would never want someone to leave a

position they're in to take another position and potentially have problems, so I wanted to make sure she had a clear understanding.
Q: My question was, if you wanted to give her Gore Perry Gateway & Lipa St. Louis, MO (314)241-6750 621-4790 621-2571 621-8883

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concern in their own mind. Q: back? So did HeaCher Casey call Carmen Santa Cruz

4
5 6 7 8 9 10 11
12

A:
Q:

She did.
And were you -- did you hear that

conversation? A: I was in the room, yes. I heard the

conversation. Q: A: Q:
A:

Was it on a speaker phone? Yes, I believe it was. At your end?
Yes. Yes.

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

Q:

Sandra, did you participate in that

conversation at all, or did you just listen? A: I don't remember participating in it, but I

wouldn't -- you know, I might have said something. Again, it's been years ago. Q: Do you recall what Heather said to Carmen

Santa Cruz during that -- the conversation that occurred at -- when you asked Heather to call Carmen Santa Cruz back? A: I don't recall specifics. Again, I remember

asking Heather to call her and explain more in detail the attendance policy, so I'm sure she did that, but I don't recall the exact -- how the Gore Perry Gateway & Lipa St. Louis, MO (314)241-6750 621-4790 621-2571 621-8883

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conversation went. Q: Do you recall anything Heather said

*

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

specifically? A: I couldn't give you specifics.

Q: Do you recall anything ..Carmen Santa Cruz said specifically? A: I could not give you specifics.

Q: Did Carmen Santa Cruz still seem upset to you in that -- in this conversation in which Heather Casey clarified the attendance policy? A: I don't really remember. The phone call was

Heather's at that point, and I don't really remember tones of voice or . , . Q: And did Carmen Santa Cruz -- did Heather Casey indicate to Carmen that the offer was still open to her? A: You know, again not recalling specifics, I would believe she probably would have. recall specifics. that point. Q: And you were listening to it? A: Yes, I was in the room. I just don't -I don't

It was Heather's conversation at

it's been too long . I wasn ' t ... Q: The goal was to make sure Carmen understood

the policy in case she still might want to come
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because she was a good candidate; right? A: She was a very good candidate, yes. And the

·

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10 11 12 13

goal would have been to make sure she understood the specific requirements of the position. Q: So she could come if she believed she could

satisfy them? A: Well, yes. The offer was never rescinded or She was made a job offer.

not offered to her.

Q: And she had already declined it in the first conversation; right? A: Q: That's correct. So do you believe Heather would have

indicated that opportunity still existed to explain why you were even recontacting her? A: Well, I don't know why she wouldn't have.

· 14
15 16 17 18 19 20 21 22 23 24 25

Again, not recalling specifics, I don't want to answer something that I don't recall specifically. Q: But based on your goal that -- you would

have expected her to indicate the offer was still open?
A:

Yes.

Q: Do you recall whether Heather Casey mentioned Carmen Santa Cruz's pregnancy during this conversation? A: I don't recall.
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MS. KRUSE:

Objection.

Form.

THE WITNESS:

Well, I didn't -- I don't know

that I spoke on the second conversation, but I was present in the second conversation. Q: (By Ms. Culbertson) In the first

conversation you mentioned the attendance policy?
A:

Yes.
What prompted you to mention the attendance

Q:

policy at that time? A: Well, any time I made someone a job offer or

had.a conversation with them and they -- you know, oftentimes I would have people say I have a vacation planned in a month, I have a surgery scheduled in three weeks, I have something that they would mention to me, I would reiterate to them again, well, you do know we have a stri.ct attendance policy. Q: policy? A: Just to make sure, again, that they had a ., Why would you bring up the attendance

clear understanding of it.. Q: Okay.

Was it because it was real -- a

strict policy? A: Yes. It was always -- you know, yes. We

were always told in the hiring process, you know,
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10 11 12 13 14 15 16 17 18 19 20 21

attendance, attendance, attendance. Q: And when you spoke with Carmen in that first conversation, what was it that she mentioned to you that caused you to discuss the attendance policy specifically to her? I think you just testified

that people would bring up vacation, surgeries, or whatever.
MS. KRUSE: Form.

THE WITNESS: She mentioned doctors' appointments. Q: (By Ms. Culbertson) Did you ever ask her

what those appointments were for?
A:

No.

Q:

She volunteered, then, that it was for

pregnancy? A: Yes. I would never have asked that

question. Q: And why would you have not asked a question like that? A: Because it wouldn't make any difference to What would make

me if someone were pregnant or not.

22 23
24 25

a difference to me would be if they had the qualifications and skills to meet the requirements
of the job.

'

''

Q: And did you feel that Carmen had those
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qualifications and skills? A: Well, based on the information that I saw of

hers, it appeared to me that she did, and the hiring manager certainly felt so, so yes. candidate. experience. She was a good

She was bilingual, she had call center She was a good candidate for us.

Q: Would there be any reason that she could not have started in the class of December 17th? A: The only reason would have been if that

class would have already been filled. Q: But had she asked you about starting on the

12 13
14 15 16 17 18

17th, is that something you would have looked into? MS. KRUSE: THE WITNESS: Form. Oh, any time someone would --

if we had multiple classes we were hiring for, any time someone had a preference to start at a certain date, we certainly wouldn't turn them away from that date if we still had openings in that class. Q: (By Ms. Culbertson) Did you ever withdraw

19 20 21 22 23 24 25

the offer of employment to Carmen Santa Cruz because of her pregnancy?
A: A b s o l u t e l y not.

Q:

Did you ever withdraw the offer to Carmen

Santa Cruz for any other reason? A: Absolutely not.
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Q: You then testified this morning, I believe, that you went to Heather Casey to ask her to speak to Carmen Santa Cruz. morning?
A: Yes.

Is that y.our testimony this

Q:

Explain to me why, then, if she had already

declined the offer, you went to Heather Casey after that. . . .

A: Well, I thought Carmen was a good candidate. I wasn't sure that she had a solid understanding of the attendance policy. I knew that I couldn't

10 11
12 13 14 15 16 17 18 19

explain it to her verbatim, so, you know, I would not want someone to decline a job offer and just leave it at that if I had a question in my mind that they understood the attendance policy. Q: Do you know -- have you ever had anybody, lodge any complaints against you about discrimination?
A: Not that I'm aware of. MS. KRUSE: Form.
I don't b e l i e v e I have

20 21 22 23 24 25

MS. CULBERTSON: a n y t h i n g else. EXAMINATION

QUESTIONS BY MS. KRUSE: Q: A couple follow-up questions for you.
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Sandra.

You testified in response to one of

Ms. Culbertson's questions that "We were always told in the hiring process attendance, attendance, attendance."
A:

Do you recall saying that?

Yes.

Q:

Who is "we"?

A:

Well, I think anyone throughout the hiring

process, you know, from a recruiter to anyone that had a conversation with an applicant, a hiring manager. Later in the process we changed our

customer service -- CSA hi±ing c'hanged from -- they stopped testing. They started doing an orientation

where the -- where some of the directors, Audrey Bohanan and some other folks were involved. You

know, it was always just a given, you know, don't forget attendance, don't forget attendance, don't forget to stress attendance, attendance is very important, they can't successfully complete training if they're not there. It was kind of drilled. Everybody involved in

Q: And drilled to who? the staffing process? A:

Hiring managers, when we did -- when we

started doing orientations and stuff, the testing, whoever was involved in that, attendance was always the subject. That's why it was involved -- it was
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in the interview questions as well.
Q: So everybody involved in recruiting was told

3 4
5 6 7 8 9 10 11 12 13

attendance was

important? -

··I know I

A: Well, I can't speak for everyone.

certainly was, and, you know, certainly -» I know I was. I can't speak for everyone. Q: And who was communicating that attendance

was important? A: Oh, I couldn't -- I couldn't give you an I know the directors talked about it a

exact name. lot.

Again, they were -- the folks that when they

changed the orientation procedure, they were involved in that. It was something that was just

14
15

stressed there.
Q: By the management in the Phoenix Customer

16
17

Service Center?
A:

Yes.

18 19 20 21 22

Q:

Did Carmen Santa Cruz decline the position

because of the attendance policy? MS. CULBERTSON: THE WITNESS: Q: (By Ms. Kruse) Objection. Form.

I don't know. You testified earlier that

23 24
25

you had Heather Casey call her back to make sure she was aware of the attendance policy in order to give
her another opportunity; right? Gore Perry Gateway & Lipa St. Louis, MO (314)241-6750 621-4790 621-2571 621-8883
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EXHIBITS

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Cpstomer Service Associate Tob Preview
CIGNA is a leading employee benefits provider in the United States and selected international markets. We succeed through our commitment to serving our customers, the strength of our people and our drive for superior financial results. We recognize the value of a passionately committed, energized and diverse workforce. We reward excellence, promote development, expect high ethical standards and encourage work and family life balance. At CIGNA, our people make the difference. Job Description Our Customer Service Associates communicate primarily via the telephone responding to requests for information and assistance with benefits. The majority of our callers are requesting information or assistance with solving problems regarding member eligibility, benefit coverage, and administrative procedures. Customer Service Associates must maintain focus and concentration over long periods of time while accessing' information necessary to respond to the customer's inquiry. Quality and production standards are in place in order to ensure we are providing the highest quality service to our customers. Job Requirements · 2+years of prior call center or customer service experience · Display a strong customer service focus · Demonstrate strong data entry and typing skills with proficiency in the use of a PC including ability to use a mouse and keyboard interchangeably · Ability to use telephone equipment, including headset
« Demonstrate high-level communication skills by expressing thoughts and information clearly and succinctly using proper business English and correct grammar

· Communicates information in a tactful and positive manner at all times · Ability to understand complex oral and written directions, and technical information · Ability to handle work volume within an environment that has a large volume of calls · Basic math skills for calculating out of pocket expenses and percentages fob Responsibilities · Successfully complete training requirements · Maintain professionalism at all times by treating customers with respect and displaying empathy when appropriate · Locate complex information from a number of databases · Read, understand, and accurately relay benefit information to callers · Solve problems systematically, using sound business judgement · Consistently meet/exceed established productivity standards » Consistently meet/exceed established quality standards · Maintain established schedule adherence and compliance standards · Utilize phone system to record time worked, lunches, and breaks to ensure adherence to attendance policies Training Fully paid training Is approximately 10 weeks long, Monday through Friday from 8am-Spm CIGNA offers extensive classroom-based training in the health care industry. EEOC-CGL1C-0122
Vftiireinequdopp«tijtayeiT]pleTt*.MraW.'CXy«*rcfc^ a b tubildiaria. products i«vic8« are prorided by thesa aitaUUrte* md not 2:04-cv-00627-JAT andby such *ub»aiarie* and not by C1GMA Coloration. by CIGNA Copora&n. Filed 09/16/2005 Page UcaJ emptoyees ore esnpbytdDocument 97-3

Case

38 of 69

EXHIBIT 6

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Welcome to the
CIGNA Healthcare

Phoenix Customer Service Call Center Who CIGNA Is
With 1998 assets of $115 billion, CIGNA is a leading provider of employee benefits across the United States and throughout the world. Domestically, CIGNA ranks among the largest investor-owned insurance organizations.

The CIGNA Vision
At CIGNA we intend to be the best at helping our customers enhance and extend their -· lives and protect their financial security. Satisfying customers is the key to be able to meet employee and shareholder expectations and will enable CIGNA to build on our reputation as a financially strong and highly respected company. CIGNA treats its employees fairly and equitably, and Is committed to Affirmative Action, Equal Employment Opportunities, and compliance with all related laws and regulations. CIGNA mangers develop, initiate and support programs and practices designated to assure understanding and acceptance of, as well as commitment to, the Affirmative Action Plan of their division. CIGNA's Management and Human Resource staff develops procedures and practices to maintain a positive working environment, to encourage communication between CIGNA employees and management and to resolve employment-related problems.

Customer Service Call Center Mission
The goal of the Phoenix Customer Service Call Center is to achieve the following: · · · 100% Satisfied Customers Inspired Committed Employees Superior Financial Results.

Did you catch that? 100% is our goal at CIGNA. You will be joining a team of highly dedicated and focused individuals who are fiercely proud of the service we provide to our customers. The information enclosed in this Welcome Package is provided to give new hires an understanding oftheroleofa Customer Service Associate. This guide does not include actual policies. The infonnation provided in the welcome packet may be changed at any time. New Employees will review and receive actual CIGNA policies during New Hire Orientation.

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CSA Job Duties
As a Customer Service Associate (CSA), you will be responsible for handling incoming telephone inquiries. Those calls are from CIGNA members, policyholders (employer groups), providers, and other CIGNA offices. The majority of our callers are requesting the following types of information or requesting assistance with solving problems related to:1 · · · · Benefits Claim status and explanation of coverage Primary Care Physician changes Referral and authorization of procedure processes, etc.

If you have ever had to make such a call, you know how important 100% quality and 100% satisfaction are. The Phoenix Customer Service Call Center 'load balances" with call centers nationwide. We accommodate the overflow of calls from other centers, ensuring that all customers are helped in the most timely of manners. A CSA in the Phoenix Customer Service Call Center may offer assistance to as many as 80 or more customers a day.

Attire
Our dress code is business casual Tuesdays through Fridays (skirts, slacks, Dockers, etc., including an opportunity to purchase CIGNA shirts to wear with your walking shorts for comfort during the summer months) and casual on Mondays and Saturdays (denim jeans allowed).

CSA Compensation Program
The starting salary for a CSA is $23,500. Effective January 1,1999, we are accelerating the promotion from CSA I to CSA II. After meeting and/or exceeding standards for A consecutive months, a CSA I can be promoted to be a CSA II. Customer Service Associate Trainee Customer Service Associate I Customer Service Associate II Customer Service Associate III $23,500 $23,500 + Care Checks $26,000 + Care Checks $28,000 + Care Checks

Note: For explanation of Care Checks, see the Employee Recognition section.

The information enclosed in this Welcome Package is provided to give new hires an understanding oftheroleofa Customer Service Associate. This guide does not include actual polities. The information provided in the-welcome packet may be changed at any time. New Employees will review and receive actual CIGNA polities during New Hire Orientation. EEOC-CGLIC-0102

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Vacation New employees receive the following amounts of vacation after six months of employment; With a start date between Jan.1- March 31: Two weeks With a start date between April 1- June 30: One week With a start date between July 1-Dec. 31: Not eligible until following year There are approximately six paid holidays a year. Traditionally no vacation time is approved during the month of January. Employees are also given four floating holidays (after six months of employment).

Training
Training for the Customer Service Associate position is very extensive and takes approximately 8-10 weeks. It is 8:00am to 5:00 pm. Monday through Friday, and training is conducted in a classroom atmosphere with weekly tests and skill demonstrations to show practical application of material covered. Training is very fast-paced and requires 100% attendance, and there is no deviation from this strict schedule for the duration of training. Throughout the ten weeks of training, instruction on customer service, policy provisions, and the use of the computer and its applications will be continuously provided. An outline of additional training follows: Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 CIGNA orientation, overview of the computer and phone, introduction to the Customer Service System (CSS) Eligibility, policy provisions, benefit access, rules and priorities Specified claim procedures, medical terminology Detailed claims (e.g. pharmacy, supplies, lab & X-ray, etc.) On-the-job transition and training (Handling live calls) On-the-job training (Quality monitored) Overview of claim processing Accessing claim history, interpreting and documenting claims Related topics, course review, demonstrations, on-the-job training On-the-job training (Live calls) On-the-job training (Live Calls, Quality monitored)

You will find that some of attributes needed to excel as a CSA are as follows: Talking and keying simultaneously Ability to thrive in a stressful environment Organizational skills Problem-solving skills Customer relation skills. Diffusing and angry caller Ability to work in a windows environment The information enclosed in this Welcome Package is provided to give new hires an understanding oftheroleofa Customer Service Associate. This guide does not include actual policies. The information provided in the welcome packet may be changed at any time. New Employees will review and receive actual CIGNA policies during New Hire Orientation.

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Quality Assurance Program
Quality Is a critical performance metric for all employees. To measure and improve the quality of service, there is an independent Quality Team in the Phoenix Customer Service Call Center. The team is responsible for monitoring calls, along with other projects related to customer satisfaction. There are defined quality criteria that a CSA must meet. Each call monitored is measured against a set of quality standards. The performance standard is a 95% monthly quality score, on a scale of 100. Silent monitoring Is a very effective way to obtain an accurate picture of the customer service delivered. Ten calls taken by each CSA are monitored by the Quality team monthly. Since this unit is independent and not connected to CSAs, possible bias and conflict of interest In monitoring calls is reduced. Information on call monitoring results is communicated through monthly reports and Is used in incentive compensation determination, performance management and uptraining. The Quality team participates in several other projects in addition to call monitoring: · · · · · · Implementing new national policies and procedures Utilizing a monthly newsletter and Quality e-mail box to address questions or concerns Participation in reward and recognition programs to encourage excellent customer service Member outreach, a project which aides in obtaining a realistic perception of member satisfaction Mystery shop, calls where the Quality team, masquerading as members, call CSAs in an effort to target our strengths and improve our weaknesses Assisting in the training program by completing side by side coaching sessions with new hires.

The information enclosed in this Welcome Package is provided to give new hires an understanding of the role of a Customer Service Associate. This guide does not include actual policies. The information provided in the -welcomepacket may be changed at any time. New Employees will review and receive actual CIGNA policies during New Hire Orientation,
EEOC-CGLIC-0104

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Performance Measurements and CSA Report Card
The compensation program provides recognition for attainment and demonstrated proficiency of skills and performance that contribute to the success of the Inquiry Center. You will be assessed and measured in the following areas: · · Quality Productivity/Average Call Handling Time (AHT) 95% From 297 - 350 seconds

(The AHT reflects actual talk time, hold time, after-call work and after-call work follow up.) · Call Tracking 100%

(This refers to the percentage of calls being tracked in the Customer Service System) · · · · Average Open Calls Attendance Availability Open Calls Must be in a timely manner According to policy. % time taking calls Reflects the # of open calls

Performance Management In the event that it is needed to maintain the quality of the service to our customers, a disciplinary policy has been established. A verbal warning will be issued, followed by a written warning. If needed, performance probation will be Instated. Should the employee be unable to meet minimum performance requirements, termination would ensue.

The information enclosed in this Welcome Package is provided to give new hires an understanding of the role of a Customer Service Associate. This guide does not include actual policies. The information provided in the welcome packet may be changed at any time. New Employees will review and receive actual CIGNA policies during New Hire Orientation. EEOC-CGLIC-0105

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I999CSA MONTHLY PERFORMANCE APPRAISAL
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77JC information enclosed in this Welcome Package is provided to give new hires an understanding of the roJe of a Customer Service Associate. This guide does not include actual policies. The information provided in the welcome packet may be changed at any time. New Employees will review and receive actual CIGNA policies during New Hire Orientation. EEOC-CGLIC-0106

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Employee Recognition
Care Checks Employees in good standing may participate in the Care Check program, a program which actually pays the CSAs for their outstanding performance and proves, "It Pays to Care," In order to receive a Care Check payout, a CSA must meet or exceed both Quality standards and Production standards. If the actual quality is at or above the performance goal, the quality bonus will be $150/mo. Additionally, a bonus can be earned based on AHT and calculated by the number of calls taken during the month. Circle of Excellence Outstanding performance and consumer satisfaction are goals reinforced by The Circle of Excellence program, designed to reward employees who contribute to our vision and exemplify our values. If nominated for this award, a cash gift will be awarded in the sum of 550 to 5500.
*

Earning Your Schedule
Scheduling Our office hours range from 5am-9pm Monday through Friday and one service unit is open on Saturdays from 8am-5pm. Shifts vary per unit, but the majority of our employees work a standard eight-hour day, between the hours of 7am-4pm. However, jt is a requirement that our new-hires are available to work anytime between the hours of 5am-9pm Monday through Friday and possibly Saturdays as well in order to meet our business needs. Scheduling preferences are given to employees based on attendance, quality and seniority (in the case of ties}. Management reserves the right to change these measures at any time. Part-time schedules might be an option for fully trained CSAs. Overtime is sometimes necessary during our peak seasons in January and February and may also be necessary when there is an additional business need. Shift Bids occur two times each year, in April and in October when Daylight Savings Time is Instituted across the nation. A Shift Bid is a process that allows the opportunity to bid for preferred work schedules. This allows each and every CSA to control their destiny for attaining scheduled shifts. The less BID POINTS a CSA has the more likely they will get their preferred schedule of choice. The Shift Bid process encompasses rankings based on the following items: · Attendance Points · Quality Scores · Productivity (Average Handle Time). The information enclosed in this Welcome Package is provided to give new hires an understanding oftherokofa Customer Service Associate. This guide does not include actual policies. The information provided in the welcome packet may be changed at any time. New Employees will review and receive actual CIGNA policies during New Hire Orientation. EEOC-CGLIC-0107

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The primary category in the ranking is ATTENDANCE. The following BID POINTS will be accessed for unexcused absences. These points are only assessed for SHIFT BID purposes. 5 BID POINTS (effective 1/1/99) Assigned for any unexcused absence that occurs on the: · · First scheduled work day after a Holiday Last scheduled workday before a Holiday.

{i.e. Joan Cigna's normal scheduled workweek is Monday through Friday 9-5:30pm. If she has an unexcused absence on Monday following the January 1st Holiday, she will receive 5 BID POINTS in addition to the 3 BID POINTS for missing the first scheduled work day of the week.) 3 BID POINTS Assigned for any unexcused absence that occurs on the: · · · First scheduled work day of the week First scheduled work day after a Holiday Last scheduled workday before a Holiday.

(i.e. John Cigna's normal scheduled workweek is Monday through Friday 8-4:30pm. He is approved for a vacation day on Monday of this workweek. Therefore, his first scheduled workday is Tuesday. If Joe has an unexcused absence on Tuesday, he will receive 3 BID POINTS.) 2 BID POINTS Assigned for any unexcused absence that occurs on the: · Last scheduled workday of the week.

Note: If the work day is the last day before a holiday weekend, then 3 BID POINTS will be assigned. 1 BID POINT Assigned for any unexcused absence that occurs on: · Any of the days not covered above.

If you have an unexcused absence on either the day BEFORE or the day AFTER a holiday, you will receive the usual 3 bid points AS WELL AS the additional 5 bid point penalty (8 bid points total).

The information enclosed in this 'Welcome Package is provided to give new hires an understanding of the role of a Customer Service Associate. This guide does not include actual policies. The information provided in the -welcome packet may be changed at any time. New Employees -will review and receive actual CIGNA policies during New Hire Orientation. EEOC-CGLIC-0108 Page 47 of 69

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Filed 09/16/2005

CSA Break Policy Total paid break time allowed is dependent upon the number of dally hours an employee works. Breaks are subject to the policies and provisions of the attendance policy.

Less than 4 hours (0-239) minutes 4 or more hours but less than 5 hours (240-299 minutes) 5 or more hours but less than 8 hours (300-479 minutes) 8 or more hours but less than 10 hours (480-599 minutes) 10 or more hours (600 or more minutes)

0 minutes 10 minutes 15 minutes 20 minutes (2) 10 minute breaks 25 minutes (1) 15 minute break (1)10 minute break

Attendance
Excellent attendance is a must for all CIGNA employees in the call center. The ability to be at work every day and on time is a requirement for success. The attendance policy is a no fault policy had has rigid requirement for new employees. In the first 90 days of employment, 1 day missed is a verbal warning, 2 days missed is a written warning and 3 days missed Is probation. Should a new employee miss 4 days of work in the first 90 days of employment they may be terminated for unsatisfactory attendance. Employees whose absences, early departures or late arrivals are either excessive or reflect unsatisfactory attendance trends will be subject to disciplinary measures, up to and including termination of employment. Unsatisfactory attendance trends may also affect an employee's performance ratings and salary increases. Employees who plan their absences by using scheduled vacation days, floating holidays, and scheduled leaves of absence help the business to provide better customer service by permitting managers to plan staffing levels in advance and provide adequate resources for expected work volumes. This policy establishes new reward systems for employees with excellent attendance records In the Customer Service Call and Claim Centers line operations which are critical to improving our customer satisfaction and to. becoming a world-class company. New Hire Attendance Policy Total Absence Days
1 2 3 4

Management Action Verbal Warning Written Warning Written Probation Termination

The infonnation enclosed in this Welcome Package is provided to give new hires an understanding of the rote of a Customer Service Associate. This guide does not incJude actual policies. The information provided in the welcome packet may be changed at any time. New Employees wfl/ review and receive actual CIGNA policies during New Hire Orientation. EEOOCGLIC-0109

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For a new employee, the attendance probation period is 30 days. During this 30-day attendance probation period, if the employee accumulates one additional absence day, they will be subject to discharge. A new employee will transition to the regular attendance policy after
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· ·

SO days of employment, or successful completion of the attendance probation (if applicable)

Awards for Excellent Attendance At the end of each calendar year, employees will receive a lump sum payment Providing all eligibility criteria in this policy are met according to the following schedule, depending upon the number of absence days incurred.

0 Absence Days 1/2 Absence Day -1 full Absence Day 1-1/2 Absence Days - 2 Absence Days 2-1/2 Absence Days - 3 Absence Days 3-1/2 Absence Days - 4 Absence Days 4-1/2 or more Absence Days

$500 $300 $225
$150
$75
$00

Note: Half absence days will be rounded down to the previous payout level. For example, if you have incurred 1.5 absence days, you would be eligible for the $225 level of award and 2.5 absence days would qualify you for the $150 level of award. To be eligible for these awards, you must be an employee of CIGNA and not be on verbal, written or probationary warning for attendance related issues. Newly hired employees who start prior to July 1 will be eligible to receive a fifty- percent pro-rated pay out New hires starting on July 1 or after will not be eligible to participate in the program that year. Customer Service Claim and Call Center leaders are responsible for implementing the. Attendance Management Program in their units. Managers must monitor employees' attendance daily and work to minimize unapproved absence days. Elements of attendance management include; · · · Paid/Unpaid Absence Days Progressive Disciplinary Process Pro-rated Schedule for New Employees.

The information enclosed in this Welcome Package is provided to give new hires an understanding oftheroleofa Customer Service Associate. This guide does not include actual policies. The information provided in the welcome packet may be changed at any time. New Employees will review and receive actual CIGNA policies during New Hire Orientation.

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EEOOCGLIC-0110 Page 49 of 69

Paid/Unpaid Absence Days Other than the two emergency vacation days to which employees are entitled, employees will be limite