Free Statement - District Court of Arizona - Arizona

Exhibit Description No. 1 Deposition Transcript of Heather Casey-Giles

2 3
4

Deposition Transcript of Cheryl Wroten Deposition Transcript of Carmen Santa Cruz Deposition Transcript of Sandra Gasche EEOCCGLIC122 EEOCCGLIC 0101-01 18 EEOC CGLIC 0057-0062 D 0001-0004 EEOC CGLIC 0046-0055 Deposition Transcript of Tiffanic Dillard Deposition Transcript of Delores Nelson Deposition Transcript of Tiffanie Dillard

5 6 7

S 9
10 11 12

Firmwidc:SM32618,l 042081.1007

Case 2:04-cv-00627-JAT

Document 97-2

Filed 09/16/2005

Page 1 of 92

EXHIBIT 1

Case 2:04-cv-00627-JAT

Document 97-2

Filed 09/16/2005

Page 2 of 92

1*
IN THE 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

*sjf

DEPOSITION OF HEATHER GILES

Phoenix, Arizona March 25, 200 9:06 a.m.

D
APR 1 1 2005

REPORTED BY: Kristin A. Woodall, RPR Certified Court Reporter Certificate No. 50196
PREPARED FOR: Mr. J. Greg Coulter
Ctff

LITTLER MENDELSON, RC.I ^§Hg§N!X^A2
SttaLSsaw

rRJFFI^ fcfi£"lE^N 6 TSSO'GIATES
court reporters 3030 Horth Central Avenue

(Copy).
Suite 1102
Phoenix, Arizona 65012

T 602.264.2230 88S.529.9990 F 602.264.2245

Case 2:04-cv-00627-JAT

Document 97-2

Filed 09/16/2005

Page 3 ofin92 www.grif f reporters.com

1

DEPOSITION OF HEATHER GILES was taken on March

2 25, 2005, commencing at 9:06 a.m., at the offices of the Equal 3 Employment Opportunity Commission, 3300 North Central Avenue, 4 Suite 690, Phoenix, Arizona, 85012, before KRISTIN A. WOODALL, 5 RPR, a Certified Court Reporter in the State of Arizona. 6 7 COUNSEL APPEARING: 8 Equal Employment Opportunity Commission

Ms. Katherine J. Kruse
9 3300 North Central Avenue Suite 690 10 Phoenix, Arizona 85012

Attorneys for Plaintiff
11

Littler Mendelson
12 13 14 15 16 17 18 19 20 21 22 23 24 25
Mr. J. Greg Coulter

2425 East Camelback Road
Suite 900

Phoenix, Arizona 85016 Attorneys for Defendants

Case 2:04-cv-00627-JAT Document 97-2 Filed 602.264.2230 GRIFFIN AND ASSOCIATES 09/16/2005 Page 4 of 92

18

1

Q.

And is this policy part of a larger manual, to

2 your knowledge? 3 4 manual. 5 6 7
Q. A. Q. I'll rephrase. Okay. Does this flexible time off policy that's been A. No. I mean/ I'm not sure what you mean by larger

8 marked as Exhibit 2 appear within a larger document; like an 9 employee handbook or something of that nature?
10 11 A.

No.

Q.

And do you see at the top, this flexible time off

12 policy states "Effective July 23rd, 2001," right? 13 14 15 16 17 18 19 20 21 22 23 24 25 A.

Yes.
Do you know whether this policy in Exhibit 2

Q.

remained in effect in 2002? A. I honestly can't remember if it would be the

exact same policy. Q. Can you turn to the last page. Exhibit 2 is EEOC So, I want you to turn to 0055. Can

CGLIC-0036 through 0055.

you tell me what it states at the top of that page there, just -- A. Q. "New Employees Progressive Disciplinary Process." Is this page 0055, does this state the attendance

policy for new employees at CIGNA? MR. COULTER: Form.

Case 2:04-cv-00627-JAT Document 97-2 Filed 602.264.2230 GRIFFIN AND ASSOCIATES 09/16/2005 Page 5 of 92

19

1 2 3

THE WITNESS: Yes.

Q.

(By Ms. Kruse) Heather, take a minute to review

it and let me know when you've had a chance to do that. A. Q. Okay. I've read it.

4

5

Did this new employee attendance policy apply at

6 the Phoenix service center that you testified you were part of?
7
A.

Yes.

8

Q.

And it provides for progressive discipline for

9 unplanned absences, correct?
10 11
12

A.

Yes.

Q. A. Q. A.

Do you know what is meant by "unplanned absence" I believe it's actually any absence during the And what's your basis for that belief? Because during the first 90 days, the new

in this document?

13

14 training period for the first 90 days of employment.
15
16 17 18 19 20

employee was not eligible for any planned time off, which would mean vacation, at the time what we call supplemental time. Q. So, any absence by a new employee in those first

90 days would be an unplanned absence?
A.

21 22 23 24 25

Yes.

Q.

And it indicates in this document that for the

first unplanned absence, there's a verbal counseling notice. correct?
A. Right.

GRIFFIN AND ASSOCIATES 09/16/2005 Page 6 of 92 Case 2:04-cv-00627-JAT Document 97-2 Filed 602.264.2230

20

1 2

Q. A.

And what is the verbal counseling notice? It would be a discussion with the employee, a

3 verbal discussion. 4

Q.

And are they given a written document confirming

5 the verbal discussion? 6 7

A. Q.

No, I don't believe so. So, notice, verbal counseling notice, the word

8 "notice" does not refer to a written document then? 9
10

A.

No.

Q.

Then see where it states at the second unplanned

11 absence a "Requires Improvement" notice? 12 13 14
A.

Yes.
And can you tell me what that is?

Q.

A.

That would be another discussion as well as

15 written documentation or written notice of the second unplanned 16 absence. 17 18 19 20 21 22 23 24 25

Q.

And does the employee who has a second unplanned

absence get a copy of the written notice?
A.

Yes.
Is a copy also retained in the employee's file?

Q.
A.

Yes.

Q.

And then it says, third unplanned absence, "Job Do you see that?

in Jeopardy" notice.
A.

Yes.

Q.

And can you tell me what that is?

GRIFFIN AND ASSOCIATES 09/16/2005 Page 7 of 92 Case 2:04-cv-00627-JAT Document 97-2 Filed 602.264.2230

21

A.

That would be another discussion as well as

another written notification of a third unplanned absence/ and the employee would receive a copy and a copy would need to be retained in the employee file. Q. Do you see in the next paragraph, it states that

there's a job in jeopardy period of 30 days.

7 8

A.
Q.

Yes.
And during the 30-day period, if the employee

accumulates one additional unplanned absence, he or she will be

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

subject to discharge, correct?

A.
Q.

Yes.
Is discharge automatic after one additional

absence during that 30 days of job in jeopardy period?

A.
Q.

No.
So, it's discretionary? MR. COULTER: THE WITNESS: Form. Yes.

Q.

(By Ms. Kruse) And who makes with respect to --

first, does the Phoenix service center, are the customer service associates part of the Phoenix service center?

A,
Q,

Yes.
And with respect to customer service associates

of the Phoenix service center in their first 90 days, who makes the decision about whether they would be terminated for an absence within that 30-day job in jeopardy period?

Case 2:04-cv-00627-JAT Document 97-2 Filed 602.264.2230 GRIFFIN AND ASSOCIATES 09/16/2005 Page 8 of 92

30

1 November of 2001? 2 3
A.

No.

Q.

How did you come to have that conversation with

4 Carmen Santa Cruz? 5

A.

At the time Sandra Gasche was our staffing

6 consultant. She came to see me because she had spoken with 7 Carmen Santa Cruz, had offered her a customer service associate 8 position with the Phoenix service center, and Carmen had made 9 Sandra aware that she was pregnant and that she had some
10 questions, concerns about the attendance policy.

Sandra

.11
12 13

explained the attendance policy as she knows it in this flexible time off policy. Carmen Santa Cruz had some additional concerns,

14 questions about doctors' appointments and things like that and 15 16

Sandra came to talk to me because I was in human resources and I administered and enforced the policy, that was not her role

17 to do that. And she wanted to see if there was any flexibility 18 with the policy since that was my role. 19

Q.

So, you -- so, in November 2001, you were

20 responsible for administering and enforcing the 90-day 21 attendance policy for new hires at the Phoenix service center? 22 23 24
A.

Yes.

Q.

So, when you testified earlier that -- in -- when

discretionary decisions were made about whether to terminate somebody after either a violation during your job in jeopardy

25

GRIFFIN AND ASSOCIATES 09/16/2005 Page 9 of 92 Case 2:04-cv-00627-JAT Document 97-2 Filed 602.264.2230

34

1 2 3 4
Q.

MR. COULTER:

Form.

(By Ms. Kruse) That's what Sandra told you?

A.
Q.

Yes.
So, she asked -- Sandra Gasche asked you if you

5 could call Carmen Santa Cruz together to clarify the attendance 6 policy? 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q. A. Q. A. Cruz? A. Q. No, no. That was the discussion. or I mean, excuse me, Sandra Gasche Q. MR. COULTER: THE WITNESS: Form. Yes.

(By Ms. Kruse) And did you and Sandra discuss

anything else during the conversation? A. Q. With Santa Cruz, or between us? Between yourselves before you contacted Santa

Santa Cruz --

wanted to see if there was any flexibility in the 90-day policy? MR. COULTER: Form, foundation.

(By Ms. Kruse) You testified, correct? Right. What did you tell her? That unfortunately with our 90-day new hire

policy, it was very critical that employees are at work each day because of the technical aspects of the training as well as the fact that we only have one trainer for 20 new hires, and if

Case 2:04-cv-00627-JAT DocumentASSOCIATES 09/16/2005 Page 10 of 92 Filed 602.264.2230 GRIFFIN AND 97-2

35

somebody falls behind because they've missed time, it makes it very difficult for them to maintain and keep up with the rest of the class. Q. conversation?
6 7
A. Right.

And you told Sandra Gasche that during this

Q.

Did Sandra indicate to you during this

conversation why Carmen Santa Cruz had concerns about the 90-day policy?
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A.

Yes.
What did she tell you? MR. COULTER: Form.

Q.

THE WITNESS:

Because she was pregnant and

thought she might be missing a lot of time in the first 90
days.

Q.

(By Ms. Kruse) And did Gasche tell you why Carmen

Santa Cruz thought she might be missing time during the first 90 days due to her pregnancy? MR. COULTER: Form.

THE WITNESS: appointments. Q.

I believe it was doctor's

(By Ms. Kruse) Any other -- did Gasche give you

any other explanation of why Carmen Santa Cruz thought she might miss time during the first 90 days due to her pregnancy? A. No. No, I can't recall anything else.

GRIFFIN AND 97-2 602.264.2230 Case 2:04-cv-00627-JAT DocumentASSOCIATES 09/16/2005 Page 11 of 92 Filed

36

1
2 the restroom.

THE WITNESS:

Can we actually --

I need to use

3
4 5

MS. KRUSE:

Absolutely.

(Recess taken from 10:00 a.m. to 10:06 a.m.) MS. KRUSE: I'm going to ask you if you can

6 remember to just try to speak up a little bit because the court 7 reporter is straining to hear you. 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. COULTER: MS. KRUSE:

She's reading lips.

We just want to make sure the record

is accurate. Q. (By Ms. Kruse) So, before we took a break, we were talking about a conversation in which Sandra Gasche asked you to call Carmen Santa Cruz, correct?
A. Right.

Q.

And did Sandra Gasche and you contact Ms. Santa

Cruz jointly then?
A.

Yes.
And was it via telephone?

Q.
A.

Yes.

Q.

And did you -- on your end, did you put the

conversation on a speakerphone so that both you and Sandra could hear what Carmen Santa Cruz was saying?
A.

Yes.

Q.

And did you -- when you called Carmen Santa Cruz

together, did you both speak with her during that conversation?

GRIFFIN AND ASSOCIATES 09/16/2005 Page 12 of 92 Case 2:04-cv-00627-JAT Document 97-2 Filed 602.264.2230

37

1

A.

Yes. I believe I --

I believe I referred to

2 Santa Cruz and said that Sandra was on the line, but I don't 3 know that Sandra actually spoke very much during that 4 conversation. 5
Q. Okay. When you said you referred to that, what

6 are you talking about? 7 8
Q. MR. COULTER: Form.

(By Ms. Kruse) Are you talking about your prior

9 testimony or . . .
10
A. No. When we called Santa Cruz, Sandra and I

11 called her together on the speakerphone, Sandra just did not 12 there was not a lot of discussion from her, but she did know, 13 14
Santa Cruz did know that Sandra was there with me. Q. Okay. So, did you do all the speaking to Carmen

15 Santa Cruz during that conversation? 16 17
A.

Yes.
Sandra Gasche didn't say anything to Carmen

Q.

18 during that conversation to your recollection? 19 20
A. Q. Right. So, how soon after your conversation with Sandra

21 Gasche did the two of you make a phone call to Carmen Santa 22 Cruz? 23 24 minutes. 25
Q. And tell me as much as you remember about that A. I would probably say within about 15 to 20

Case 2:04-cv-00627-JAT DocumentASSOCIATES 09/16/2005 Page 13 of 92 Filed 602.264.2230 GRIFFIN AND 97-2

38

phone call to Carmen Santa Cruz. A. Sandra. It was very similar to my discussion with

I identified myself to Carmen Santa Cruz and that

Sandra was here with me in the office and that I knew she lad -- Sandra had shared that Santa Cruz had concerns about the 90-day attendance policy for new hires. And I proceeded to explain to her that unfortunately there was not a lot of flexibility for two reasons, one being that it's a highly technical training.
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

It

is about 8 to 10 weeks in length, and there is, you know, there is quite a bit of fallout. There's probably about 30 percent

turnover because it is highly technical. And the second reason is because there is a 1 to 20 approximately ratio of trainers to new hires, it makes it very difficult if someone misses time, because that trainer needs to spend one-on-one time with that employee and it's very difficult if, you know, you have 10 people in the classroom missing a few hours at a time. keep up. Q. conversation. A. And then I also went through the attendance Tell me everything else you remember about the It makes it very difficult to

policy, the 90 days with her regarding a first absence would be a verbal warning, a second absence would be the next step, and
so on.

Case 2:04-cv-00627-JAT Document 97-2 Filed 602.264.2230 GRIFFIN AND ASSOCIATES 09/16/2005 Page 14 of 92

45

1 2 3 4 5 6
Q.

MR. COULTER: THE WITNESS:

Form. No, I don't remember that.

Q.
A.

(By Ms. KruseJ You weren't aware of that?
No, I wasn't. MR. COULTER: Form.

(By Ms. Kruse) Did Carmen Santa Cruz ever tell

7 you that I'm not accepting your offer then? 8

A. Q.

She said at the end of our conversation, this During this conversation, did you -- you've

9 doesn't sound like the job for me.
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

testified that you discussed the 90-day policy and what the steps were for progressive discipline with Carmen Santa Cruz, right? A. Q. Correct. Did you tell her. Carmen Santa Cruz, during this

conversation that you were concerned about her ability to satisfy the policy? A. No, not about her ability specifically. I just

explained what the policy was. Q. And were you concerned about her ability to

satisfy the 90-day attendance policy? MR. COULTER:
THE WITNESS: could be there? Q. (By Ms. Kruse} Yes.

Form.
Was I concerned personally if she

Case 2:04-cv-00627-JAT Document ASSOCIATES 09/16/2005 Page 15 of 92 Filed 602.264.2230 GRIFFIN AND 97-2

50

1 2

MR. COULTER: THE WITNESS:

Take your time to read it. The statement that Casey's stated

3 she was unaware of charging party's pregnancy, I obviously knew
4 about the pregnancy. 5
Q. A. (By Ms. Kruse) So/ that statement is incorrect? Right.

6 7 8

Q.
A.

You didn't say that to the EEOC investigator?
I don't recall being unaware of the pregnancy. I

9 don't recall telling her I was unaware.
10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q. A.
Q.

Okay. Anything else? No, I don't see anything else.
So, it's accurate that you may have informed

charging party, that means Ms. Santa Cruz, that she could reapply after a year once she declined the job?

A.

Yes, after she told me that it didn't sound like

the job for her, because that's the normal -- that's the normal information I would share with somebody who declined the position. Q. So, other than the two sentences you've told me, you don't recall -- let me just make sure I have this accurate. You told me you don't recall telling the EEOC It says, "Casey does not recall You don't recall investigator the following:

charging party disclosing her pregnancy."

saying that to the EEOC investigator, right?
A. Unless she was referring to disclosing it to me

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 16 of 92

104

1 2

A.

Yes.
Were other people given -- was anyone else

Q.

3 besides the applicants for the customer service associate 4

position given the documents marked as Exhibit 16?
A.

5 6

No.

Q.

So, unless --

so, people in the Phoenix service

7 center who weren't doing customer service work didn't get this 8 then; is that correct?
9
10

A.

If there's somebody in the Phoenix service center

that was not doing customer service associate work, no/ they

. 1 wouldn't receive this, no. 1
12
13
14 15

Q.

Can you turn to the second page of Exhibit 16, it

says "CSA Job Duties" at the top. See the second line there it says -- well, the first line says, "As a customer service associate, CSA, you will be responsible for handling incoming telephone inquiries."
A.

16 17

Right?

Yes.
"Those calls are from CIGNA members,

18

Q.

19 policyholders, (employer group), providers, and other CIGNA
20

offices," right?
A.

21
22 23 24 25

Yes.
What's your understanding of who the customer

Q.

service associates were taking calls from then, as explained in this document? MR. COULTER: Form.

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 17 of 92

105

1

THE WITNESS:

The customer service associate took

2 calls from any CIGNA member, policyholder, employer group, 3 provider affiliated with CIGNA, providers affiliated with 4 CIGNA, and other CIGNA offices.
I mean, we took calls from

5 Puerto Rico, we took calls from any CIGNA member across the 6 U.S. 7 8 9
10
Q.
A.

{By Ms. Kruse) All over the country?

Yes.
Was this a national call center? It wasn't -- well, in one sense it was. We took

Q. A.

11 national accounts.

So, we would take any customer across the

12 U.S. in -- for example. Federal Express was one of our national 13 14 15
accounts and we took calls from any member that was from Federal Express across the U.S. Q. And the other calls that you took from around the

16 country, did you have an overflow system that if another office 17 was busy, you would take calls that had come into that office? 18 19 20 21
A.

Yes.
And vice versa?

Q.
A.

Yes.
So, another CIGNA customer service office might

Q.

22 take calls that had originally been directed to the Phoenix 23 24 25
service center if the Phoenix service center was full on calls? A. Q. Except for some designated national accounts. And those all came into the Phoenix service

Case 2:04-cv-00627-JAT Document 97-2 Filed GRIFFIN AND ASSOCIATES09/16/2005 Page 18 of 92 602.264.2230

107

1 or PPOs? 2 3 4
MR. COULTER: THE WITNESS: Form. Right.

Q.

{By Ms. Kruse) So, customer service center in

5 Phoenix, the customer service association could take a phone 6 call from somebody who had a --

some kind of CIGNA Healthcare

7 plan regardless of whether it was an HMO, PPO, or something 8 else, right? 9
MR. COULTER: THE WITNESS: Form. Correct.

10 11

Q.

(By Ms. Kruse) And do you see on here where it

12 says in -- well, right above attire, the paragraph right above 13 the word "attire" starts with, "The Phoenix customer service 14 call center load balances with call centers nationwide.

We

15 accommodate the overflow of calls from other centers, ensuring 16 all customers are helped in the most timely of matters." 17 you see that? 18 19
A.

Do

Yes.

Q.

So, is that what you meant when you were

20 testifying earlier that taking calls from all over the country 21 to balance out loads? 22 23 24 25

Is that --

A. Yes.
Q. -- what this is describing in this paragraph? MR. COULTER: Wait until she finishes. THE WITNESS: Yes.

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 19 of 92

108

1 2
3

MR. COULTER: MS. KRUSE:

You guys got to slow down.

And I apologize to the court

reporter, but also to you. It's not always clear what I'm

4 about to ask, so I appreciate your patience. 5
Q. {By Ms. Kruse) Can you turn to the next page of Can you read

6 Exhibit 16, Heather, to where it says "Training."

7 that first paragraph under training and just tell me if it's 8 consistent with your understanding of the training 9 requirements, the attendance requirements for new customer
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

service associates. A. Q. You want me to read the paragraph? Read it to yourself, and just tell me if that

paragraph, the first paragraph under the word "Training" is consistent with your understanding about' attendance for new customer service associates. A. Q. Yes, it's consistent. Can you turn forward several pages to the page

that's marked 0107 on the bottom, and it says "Employee Recognition" at the top and then the next section says "Earning Your Schedule"?
A.

Yes.
Do you see where it says "Scheduling" under

Q. there?
A.

Yes.
And it says, "Our office hours range from 5:00 to

Q.

GRIFFIN AND ASSOCIATES09/16/2005 Page 20 of 92 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed

131

1

Q.

(By Mr. Coulter) When you were employed at the

2 service center here in Phoenix, what was the company that you
3

were directly employed by? A. Q. Connecticut General Life Insurance. The facility you were in, employees in that

4 5

6 facility, who were they employed by? 7 8
A. Connecticut General Life Insurance.

Q.

Did you provide support or advice or any I mean -- back up.

9 connection with Connecticut --
10 11
12 13 14 15

Did you provide any support or advice to CIGNA Healthcare of Arizona while you were employed at the Phoenix service center?

A.

No.

Q.

In your conversations with Ms. Santa Cruz, did

you ever withdraw the offer of employment?
A.
Q.

16 17 18 19 20 21 22
23 24

No.
In the conversation that you were involved in

with Ms. Santa Cruz with Sandra Gasche, did you hear Sandra Gasche ever withdraw the offer of employment?

A.
Q.

No.
Ms. Santa Cruz declined the offer of employment

during the conversation you had with her? A. She said: This does not sound like the job for

me.

25

Q.

A lot of documents we went through had the code

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 21 of 92

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.

DEPOSITION. OF HEATHER GILE5 VOLUME IT

Phoenix, Arizona
May 21, 2005 9:03 a.m.

REPORTED BY: Kristin A. Woodall, RPR Certified Court Reporter Certificate No. 50196

PREPARED FOR: Ms. Kristin R. Culbertson (Copy)

^ASSOCIATES
court reporters 3030 North Central Avenue Suite 1102 Ptioenix. Arizona 85012

T 602.264.2230 888.529.9990 F 602.264.2245

Case 2:04-cv-00627-JAT

Document 97-2

Filed 09/16/2005

Page 22 of 92

www.grif f i nreporters.com

EEOC v.

CIGNA Heathcare of Arizona

Heather Giles VoL 2, May 27, 2005 Pag9 137

IN THE UNITED STATES DISTRICT COURT
i FORTHEDISTRICTOFARIZONA

Equal Employment Opportunity

)

Commission.
PtaJnffl,
vs.

)
}
) NO.CIV(W-0627PHXJAT

[1] DEPOSITION OF HEATHER GILES was resumed on May P] 27. 2005. commencing at 9;03 am., a] tha taw oUfceaorTho 13] Equal Einploynwrt Opportunity Commission, 3300 North Central HI Avontio, Sutta 690, SuSu 900. Pfwcnfa, Arizona, before KRISTIN 15] A. WCX30AU. RPR, a Certified Court Reporter In tna Stata ol

[E] Arizona.
PI
[B] COUNSELAPPEARING: IB] Equal Employment Opportunity commission Phoenk District Office JlO] Ms.KfllherfneJ.Knjsa 3300 North Central Avenue J11] SuHe 690 Phoentf, Arizona 65012 [i£] AnomeysforPtainUH (13] LJllerMendelson Ms. Kristin R.Cubeftson IU] 2425 East Comeback Road

CIGNA HeaStxarooI Arizona, Inc, and Connecticut General Ufa Insurance Company, Defendants. VOLUME II

} } ) }

DEPOSITION OF HEATHER GILES

Phoenbc. Arizona
May 27.2005 B.-OSajn.
REPORTED BY:

Suite 900
[IS] Phoenix. Arteona S501B Attorneys tor Defendant Connecticut General Ufo Insurance ;i6j Company

Krt$thA.WoodaH,RPR Certified Court Reporter Certfllcalo No. 50196 PREPARED FOR: ASCII (Copy)

i"i
ALSO PRESENT:

[isj
Ms.TWanyDBaitl ttfli i '"i Pago 136 PO] pi)
PAGE
12) P3J (MJ PSJ

k

(i)

INDEX

I p] WITNESS p] HEATHER GILES

14] [5] [6]
PJ PI
[9]

'

Continued Examination by Ms. Kruse 133 ExnmhaUonbyMs.Cubenson 200 Further Examination by Ms. Kruso 211

Page 138 «] HEATHER GILES,

EXHIBITS

ra called as a witness herein, having been first duly sworn [3j by the Certified Court Reporter, was further cxaminedand W testified as follows:
IS]

[id] DepoaWon ExhBBs: Description Page (HI |iq Ho. 94 Defendant's Third Supplemental 141 Responses lo PtoWfTs First (13] Request lor Production at

[6] m

CONTINUED EXAMINATION BYMS.KRUSE:

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1341 [*--j
PS]

p) Q: Heather, how are you today? pj A: Good. no] Q: Since it's been a while since we began your lit] deposition, you understand this is a continuation of the [12] deposition that we took of you before? [is] A: Yes. [i4] Q: And that we continued it because we hadn't gotten [ig all the documents we had requested from defendants at the time? [iej A: Yes. Ii7] Q: Since it's been several weeks since your -- the (IB] first pan of your deposition, I'm just going to go over the [is! rules again briefly. pc] You understand your deposition is sworn testimony [zt] that can be used in court? psi A: Yes. PS] Q: And you understand to say yes or no instead of p4j huh-uhoruh-huhsothatthecourtrcportercantakeyour psi answers down?

Mln-U-Script

Case 2:04-cv-00627-JAT

Document 97-2

Min-U-Script®

Filed 09/16/2005

Page 23 of 92 G) -Page 138

EXHIBIT 2

Case 2:04-cv-00627-JAT

Document 97-2

Filed 09/16/2005

Page 24 of 92

IN THE 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 CHERYL WROTEN

Phoenix, Arizona
March 25, 2005 2:03 p.m.

REPORTED BY: Kristin A. Woodall, RPR Certified Court Reporter Certificate No. 50196 PREPARED FOR: Mr. J. Greg Coulter (Copy)
'> *'

-···.-T" ~-"^"j f~"V,Vi ·'.·-··'"- .'"_2i.-! *j"'"-V
- v1 >
',V' -;

LSSOCIATES
-- -- court reporters

3030 North Central Avenue Suite 1102 Phoenix, Arizona 85012

·
Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005

T 602.264.2230 888.629.9990 F 602.264.22^5
www.griffinreportere.com Page 25 of 92

1

DEPOSITION OF CHERYL WROTEN was taken on March

2 25, 2005, commencing at 2:03 p.m., at the offices of the Equal 3 Employment Opportunity Commission, 3300 North Central Avenue, 4
Suite 690, Phoenix, Arizona, 85012, before KRISTIN A. WOODALL,

5 RPR, a Certified Court Reporter in the State of Arizona. 6 7 COUNSEL APPEARING: 8 Equal Employment Opportunity Commission

Ms. Katherine J. Kruse
9 3300 North Central Avenue Suite 690 10 Phoenix, Arizona 85012

Attorneys for Plaintiff
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Littler Mendelson Mr. J. Greg Coulter
2425 East Camelback Road Suite 900 Phoenix, Arizona 85016

Attorneys for Defendants

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 26 of 92

14

1 customer service managers were there at any one point in time? 2 3 4 5

MR. COULTER: THE WITNESS:

Form. It varies. -- We've had as many as I

think 15 at one point, and currently Q.

(By Ms. Kruse) I'm asking only while you were a

6 customer service manager. 7

A.

Oh, okay.

When I left and went to claims, there

8 were seven, not including myself. 9
10 11 12 13
14 15 16

Q.

So, right prior to you leaving to go to claims,

there were eight? A. Q. Eight total, including me, correct. Was that the lowest number that you had while you

were a customer service manager?
A.

Yes.

Q.

Looking at Exhibit 24, you see that it has

handwriting on it? A. Q. Correct. And is that your handwriting?

17 18 19 20 21 22 23 24 25

A.
Q.

It is.
And is this notes -- it states "First Interview"

on there, correct?
A.

Yes.
And so is the handwriting reflecting notes that

Q.

you took of an interview with the applicant whose name is Carmen Santa Cruz?

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 27 of 92

15

1 2

A.

Yes.

Q.

And do you have any recollection of this

3 interview? 4 5

A.

No.

Q.

How many customer service applicants did you

6 interview in a year's time while you were a customer service 7 manager at the Phoenix service center? 8

A.

It would have to be an average because we don't That's hard to say. I could probably give you a

9 necessarily have classes every year or every six months or
10 whatever. 11 12 13 14 15 16

high point of 30 in one year and a low point of probably 4. Q.
A.

But you have no recollection of this interview --
No.

Q.
A.
Q.

-- that's reflected in these notes, right?
No, I do not.
Do you see on the last page, there's room for an

17 overall rating or recommendation. 18 19 20 21 22 23 24 25
A.

Yes.

Q.
A.

Those are empty, right?
Correct.

Q. A.

Do you know why that is? There was a time when we were interviewing quite

a few people. We had a lot of classes that needed to be filled and we had a lot of applicants, so we were trying to get through them as quickly as possible and our human resources

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 28 of 92

19

1 for a bilingual customer service associate, or pay 2 differential, I should say? 3
4 5
6

A.

Not that I'm aware of.

Q.

And are these rankings on the final page of 25

the rankings that you assigned to Ms. Santa Cruz in each of these competency areas? A. Q. A. Based on the questions, yes. Was there a minimum rating that someone needed to I can't say that this time would be any different We were looking for people who would

7 8
9

attain at this time to be recommended for hire?

10 11 12

than any others. above. Q. thing to say?

hopefully exceed our customer service standards, so, average or

13 14
15

So, a minimum ranking of 3 in each of these

categories to be considered a serious candidate, is that a fair

16 17
18

MR. COULTER: THE WITNESS: Q.

Form. Yes.

19 20
21

(By Ms. Kruse) Can you turn to the third page of Do you see under "questions"

Exhibit 25, which is marked 0060.

where it indicates "state to each applicant" and it has some text there? Can you read that out loud?

22 23 24 25

A.

"CIGNA has a very rigid attendance policy and you During

need six months to accrue before taking vacation time.

the first 90 days of employment, one day missed is a verbal

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 29 of 92

20

1 warning, two days missed is a written warning, and three days 2 missed is probation.

Should you miss four days in the first 90

3 days, you will be terminated for unsatisfactory attendance."
4

Q.

Now, was that a statement that you were supposed

5 to make as the interviewer to every applicant you interviewed? 6 7
8

A.

Yes.
And did you do that as a matter of routine?
Yes.

Q.
A.

9

Q.

So, do you have any reason to believe that you

10 would not have made that statement to Ms. Santa Cruz? 11 12 13 14 15 16
17 18

A.

No.

Q.

And it indicates here that she did not express

any concerns about the rigid attendance policy, correct? A. Q. Correct. And it indicates here she answered your

questions, discussed how poor attendance impacts the work environment, what do you consider poor attendance, correct?
A.

She did, yes.
MR. COULTER: Form.

19
20 21

Q.

(By Ms. Kruse) And she stated late, not being on

the phone when scheduled, missing work for no reason? A. Q. A. Q. Correct. That's what your notes stated, right? That's what the notes indicate, yes. And do you have any reason to believe that your

22 23 24 25

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 30 of 92

26

1
2

A.
Q.
A.

Yes, ma'am.
And this also references the attendance policy?

3 4

Yes.

Q.

So, would you -- would it be fair to say that the

5 interview process addressed the importance of the attendance 6 policy to applicants? 7 8 9
10

A.

Definitely.

(Exhibit No. 28 marked for identification.) Q. (By Ms. Kruse} Cheryl, do you see this document

that's entitled, "Job Description for Customer Service

11 Associates"? 12
13 14

A.

Yes.

Q.

And this came in a packet that was given to Was this job description given to applicants

Ms. Santa Cruz.

15 16 17
18 19

generally in November 2001?
A.

No.

Q.
A.

Do you know why it was given to Ms. Santa Cruz?
No.

Q.

Were applicant packets generally given to

20 21
22

applicants in November 2001?
A. Not that I'm aware of, not by us as managers.

Q.

So, if human resources did it, you wouldn't be

23
24

aware of that one way or the other? A. Q. Correct. Can you read this through and take your time, let

25

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 31 of 92

51

1

larger document or manual, to your knowledge? A. Not that I'm aware of. MR. COULTER: Q. Form.

2 3 4

(By Ms. Kruse) So, to your knowledge, this is a

5 freestanding document? 6 7 8
A.

Yes.
And what does this document describe? It describes the policy for our employees to be

Q. A.

9 able to take planned time or unplanned time off from work.
10
Q. And does this flexible time off policy apply to

11 all the employees at the Phoenix customer service center, or 12 the Phoenix service center, to your knowledge? 13 14 15
Q.
A.

Yes.
MR. COULTER: Form. at the

(By Ms. Kruse} And can you look at the --

16 very last page and it's marked 0055. 17

Does this last page set

forth the attendance policy for employees in their first 90

18 days? 19 20
A.

Yes.
And read through this and tell me if it

Q.

21 accurately reflects your understanding of the attendance policy 22 as of November and December of 2001. 23 24 25
A. Q. A. Yes, it does. And can you describe that policy? Basically, the probationary period which is the

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 32 of 92

52

1 first 90 days of employment, the first absence is considered a 2 verbal warning.
3
4 5 6 7

The second absence at the time was called a

"requires improvement," which is equal to a written warning. Third absence is job in jeopardy. Again, terminology at the

time was job in jeopardy but was considered a probationary period. And then fourth absence would be termination review. But that third step or job in jeopardy on this form indicates a So, even if that occurred on their 89th day,

8 30-day period.

9 there would still be a probationary period for that 30 days.
10

Q.

So, let me make sure I understand correctly.

11 After the first unplanned absence then, a new employee in that
12

first 90 days would be given verbal counseling?
A. Q. Correct. And is there any written documentation of that

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

verbal counseling maintained? A. Typically in a record in the manager's employee

file, it is documented. Q. So, managers keep a file on -- did you as a

customer service manager keep a file on the employees who reported to you?
MR. COULTER: THE WITNESS: Form. Yes.

Q.

(By Ms. Kruse) And was that file separate from

any files that human resources maintained? A. Copies were given to human resources of certain

GRIFFIN AND ASSOCIATES 602.264.2230 33 of 92 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page

59

1 Storer? 2 3 4

A.
Q.

According to this document.
I'm asking you now your own understanding.

A.

I don't know who's past Bob Jarvis, who is our

5 site lead now.
·6

Q.

Okay. Can you turn to a document that's marked It's actually a set of documents. Are these

7 as Exhibit 16.

8 documents familiar to you, Cheryl? 9
10 11 12

A. Q. A.

I've not seen them before. Yeah.

Document 0106?

It is a form that I filled out as a customer

service manager. I'm familiar with the policies, some of the as a packet, I'm not familiar with that. Q. The documents that are marked collectively as

13 policies that it goes over in here, but as far as the document 14 15 16

Exhibit 16 were in an applicant packet given to Carmen Santa Let me ask you just a few questions about some of the specifics in there then. You see on the second page 0102 where it says "CSA Job Duties"?
A.

17 Cruz in November 2001. 18 19 20 21

Yes.
The second line there, "Calls are from CIGNA

Q.

22 members, policyholders, friends, employer groups", close paren, 23 24 25
"providers/ and other CIGNA offices"?
A.

Yes.

Q.

Is that consistent with your experience in the

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 34 of 92

60

1 Phoenix service center and the nature of the calls that come 2 in? 3 4
A-

Yes.

Q.

And how about -- it says/ "The majority of our

5 callers are requesting the following types of information" and 6 then --

"or requesting assistance with solving problems related Is that consistent with

7 to" -- and it lists several items.

8 your experience in customer service at the Phoenix service 9 center?
10 11
A.

Yes.

Q.

And again/ those calls can come from CIGNA health

12 plan holders regardless of whether they're in an HMO or PPO or 13 14 15 16

from a number of different states/ right? A. Q. For the medical policies/ yes. Can you turn to 0103 in Exhibit 16 where it says

"training" and look at what's listed there as 11 weeks of

17 training and tell me if that's consistent with your 18 19 20

understanding of what the training program entailed in December
2001?

A.

I can't speak for the specific weeks that are on

21 here but, yes/ that's part of the training program. 22 23 24

Q.

And while you were customer service manager, did

you -- were you familiar with the training program? A. We weren't part of the training program but, yes/

25 we know basically what they go over in that program, yes.

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 35 of 92

84

1 2

it's the same number.

We're trying to eliminate a lot of 800

numbers, so to make it easier for our members we use 1-800

3 number nationwide now and it's area code driven depending on
4 5 6

where you're calling from gets to the call center related to that area.
Q. So, let me just understand you. If I call from a

7 specific area code into an 800 number, it will go out to an 8 9

assigned call center that's assigned to that area code? A. Correct.

10 11 12

Q. call centers?
A.

And the Phoenix service center is one of those

Yes.

13 14
15

Q.

Anytime that there's a reference to calling

customer service, it's referring to the service organization of which the Phoenix service center is a part? A. Correct.
MR. COULTER: Form.

16 17
18
19
20

(Exhibit No. 31 marked for identification.)
Q. (By Ms. Kruse) This is also from CIGNA's website,

CIGNA.com, and it's entitled "Monthly Service Updates," and it says CIGNA Healthcare January 2004 update.
A.

21 22 23 24 25

Do you see that?

Yes.

Q.

And can you turn to the fourth page of this Do you see where it says/

document, which is stamped 00541. Or actually, go to the bottom of the prior page, 00540.

GRIFFIN AND ASSOCIATES 602.264.2230 36 of 92 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page

85

1 "2003, meeting the service needs of our customers" down at the 2 very bottom there? 3
4 5
A. Yes.

Q.

And on to the next page.

"One of our commitments

to you early in 2003 was to communicate our service performance

6 on a regular basis, which we've done." 7 8
A.

Yes.

Q.

And then below that gives what it calls,

9 "Headlines at a glance on average speed to answer quality and
10 11 12 13 14 15 16
17 18

other items"?
A.

Yes.

Q.

Were you involved at the Phoenix service center that were used to publicize

in gathering statistics for -- service performance?
A.

No.

Q.

Were you aware of that happening at the Phoenix

service center? MR. COULTER: THE WITNESS: Q. clients? A. what happen? Q. You said you were aware of there being statistics We have performance guarantees as far as how did Form. For clients, yes.

19 20 21 22 23 24 25

(By Ms. Kruse) And how did that happen for

gathered to assess customer service for clients.

Case 2:04-cv-00627-JAT

GRIFFIN AND ASSOCIATES
Document 97-2

Filed 09/16/2005

602.264.2230

Page 37 of 92

EXHIBIT 3

Case 2:04-cv-00627-JAT

Document 97-2

Filed 09/16/2005

Page 38 of 92

IN THE 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,

No. CIV 04-0627 PHX · JAT

Defendants.

w

DEPOSITION OF CARMEN I. SANTA CRUZ

Phoenix, Arizona May 16, 2005
9:28 a.m.

REPORTED BY: Kristin A. Woodall, RPR Certified Court Reporter Certificate No. 50196
.:>--/-:

PREPARED FOR: The Court (Original)

S'SOCIATES
court reporters 3030 North Central Avenue

Suite 1102 Phoenix. Arizona BSD 12 T 602.264.2230 888.529.9990 F 602.264.2245

Case 2:04-cv-00627-JAT

Document 97-2

Filed 09/16/2005

Pagewww.griffinreporters.com 39 of 92

1

DEPOSITION OF CARMEN I. SANTA CRUZ was taken on

2 May 16, 2005, commencing at 9:28 a.m., at the law offices of 3 Littler Mendelson, 2425 East Camelback Road, Suite 900, 4

Phoenix, Arizona, before KRISTIN A. WOODALL, RPR, a Certified

5 Court Reporter in the State of Arizona. 6 7 COUNSEL APPEARING: 8 Littler Mendelson

Mr. J. Greg Coulter
9 Ms. Kristin R. Culbertson
10
2425 East Camelback Road Suite 900

Phoenix, Arizona Company
12

85016

.11 Attorneys for Defendant Connecticut General Life Insurance

Equal Employment Opportunity Commission
13 14

15

Phoenix District Office Ms. Katherine J. Kruse 3300 North Central Avenue Suite 690 Phoenix, Arizona 85012

Attorneys for Plaintiff
16
17 ALSO PRESENT: 18 19 20 21 22 23 24 25

Ms. Tiffany Dillard

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 40 of 92

23

1

Q.

During your deposition preparation, did you

2 review it?
3

A. Q.

Yes, I believe so. Okay. So what other two times have you seen this

4

5 document? 6
A. When it was mailed to my home and now that I'm

7 sitting here with you. 8 9
10 11
12

Q.

Okay, very good.

Thank you.

Do you recall how you first learned about the customer service position? A. Q. Yes, it was through monster.com. Okay. And tell me the best you recall what you how that information

13 14

were doing on monster.com and how you --

was provided to you where you retrieved that information off of

15 monster.com. 16 17
MS. KRUSE: Form.

THE WITNESS:

I like to go into the website

18 because it has a lot of articles, and I go and hit search to 19 20 21 22 23 24 25

see what companies are looking, and I found that CIGNA was requesting -- was looking for people, candidates to come in and

apply for the customer service position. I thought that since CIGNA is my healthcare provider, it would be something good, something that I would maybe want to learn how to do and be more aware of having -- never had real information about healthcare, I thought it would

Case 2:04-cv-00627-JAT Document 97-2 Filed GRIFFIN AND ASSOCIATES09/16/2005 Page 41 of 92 602.264.2230

24

1 be a good idea to know more about.

So I submitted my

2 application online for the position. 3
4 5
Q. (By Mr. Coulter) At that time, were you actively

looking for a job?

A.

I wasn't actively looking, but, yes, I was

6 looking. 7
8

Q.

Okay.

Can you tell me the distinction I guess And my question, I understand you Tell

between actively looking?

9 said you were not actively looking, but you were looking.

10 me what distinction you made in your mind with regard to that
11 12 13
14 15

question. A. Q. A. Okay. Okay. Versus that you're interested in finding maybe The distinction to me is actively looking

is that you're desperate.

16 17 18 19
20 21 22 23 24
25

another opportunity. Q. So you were interested in finding another

opportunity at the time that you came across the ad for the customer service position?
A. Q. that time? A. I believe I did submit applications to other That's correct. Were you applying also for other positions at

positions. Q. I think you told us a little bit about what drew

GRIFFIN AND ASSOCIATES 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed 09/16/2005 Page 42 of 92

27

1 applied, did you -- were you provided with a job description of 2 the customer service position? 3 4 5 6

A. Q.
A.

After I submitted my information on the Internet? Right.
No.

Q.

At any point, were you provided with a job

7 description? 8

A. Q.

The job description actually was not discussed I'm going to show you what we've already marked Take a moment

9 until I was actually interviewed by the manager.
10

-11

as 28/ Exhibit 28. It's a two-page document. A.
Q.

12 and review that for me. 13 14

Okay, I've reviewed the document.
You reviewed Exhibit 28, which is EEOC-CGLIC-119

15 through 120, right? 16 17 18 19 20 21 22 23 24 25

A.
Q.

Correct.
Have you ever seen that document before?

A. Q.
A.

I don't recall seeing it, no. Okay.
No.

You don't recall giving that to the EEOC?

Q.

All right.

In reviewing it, are the contents

consistent with what you understood the job would be in the customer service position?

A. Q.

Correct. If you'll look at, turn the page. Exhibit 29,

Case 2:04-cv-00627-JAT Document ASSOCIATES 09/16/2005 Page 43 of 92 Filed GRIFFIN AND 97-2 602.264.2230

28

1 which is EEOC-CGLIC-122. 2 job preview.
3

It says customer service associate

Take a moment and review that for me, please. Okay, I have reviewed the document.
Have you ever seen that document before?

A.
Q.

4 5
6 7

A.
Q.

No, I have not.
You didn't provide it to the EEOC?

A. Q. A. Q.

Did I provide it? No, I did not provide it to And this is the first time you've ever seen it? Correct. The contents of that document, is it consistent

8 the EEOC.

9
10
11
12 13

with your understanding of the job of the customer service associate position that you applied? A. Q. That is correct. The very bottom where it says Training, do you

14
15 16
17

see that paragraph?
A.

Yes.

18
19

Q. A.
Q.

That's consistent with what you understood about That is correct.
When you found the job posting on monster.com,

the customer associate training program, right?

20 21

22 what did you do next in order to actually apply? 23 24 25

A.

Actually, that was it. I submitted my

information online. Q. Do you attach or did you attach what we've marked

GRIFFIN AND 97-2 602.264.2230 Case 2:04-cv-00627-JAT Document ASSOCIATES 09/16/2005 Page 44 of 92 Filed

30

1 submitted your resume through monster.com? 2
3 4 5

A. an interview. Q.

I hoped that I would be called and selected for

Do you remember the date that you actually

submitted your resume? A. Q. A. Q.
A.

6
7

I don't recall the date, no. November 8th, 2001, does that sound accurate? I believe that that's what the documents show. You have no reason to dispute that, right?
No.

8 9 yes.
10 11 12
13
14 15

Q. A. Q.

That sounds accurate? I would think so, yes. Okay. So you had hoped that you were going to

get an e-mail back or a phone call?
A. Q. A. Correct. How does that work? It depends -- MS. KRUSE: THE WITNESS: Foundation. It depends on the employer.

16 17 18 19 20 21 22 23 24 25

Sometimes you are contacted back through e-mails. Most of the time, if you are selected, then you get a phone call. Q. (By Mr. Coulter) Okay. And you received a phone

call, correct? A. That is correct.

GRIFFIN AND 97-2 602.264.2230 Case 2:04-cv-00627-JAT Document ASSOCIATES09/16/2005 Page 45 of 92 Filed

31

1 2 3

Q. A. Q.

Who called you? I do not know who called me. In that conversation -- do you recall the date of

4 that conversation? 5 6 7

A.

No, I do not.

Q. A.

What was discussed during that conversation? I was asked to come in. I was given a date and

8 time to come in and fill out an application and to test for the 9 position.
10 11 12 13 14 15

Q.

Do you recall the date and time you were told to

come in? Would it help you to look at a document?
A.

Yes.

Q.
A.

Okay.
It was on November 15th.

Q.

Okay.

So you received one phone call from

16 someone that you can't recall telling you to come in on 17 November 15th, fill out an application, and take a test? 18 19 20 21 22 23 24 25
A. That is correct.

Q. job? A.
Q.

Did you ever utilize telephones to apply for the

I'm sorry?
Did you ever utilize the telephone to apply for

the job or was it just the computer? MS. KRUSE: THE WITNESS: Form. Can you rephrase maybe the

GRIFFIN AND 97-2 Case 2:04-cv-00627-JAT Document ASSOCIATES 602.264.2230 46 of 92 Filed 09/16/2005 Page

33

1 sat me in a computer/ in front of a computer and explained a 2 bit as to how to take the test or what the test was about, and

3 then I proceeded to take the test. 4 5 6
Q. What happened after you took the test? MS. KRUSE: THE WITNESS: Form. After I took the test, she came

7 back and she walked me out to the lobby again and asked me to

8 wait, that she was going to look at the score.

She came back

9 out and said that the score -- they were pleased with the score
10 that I had received and that they were scheduling an actual

ai
12 13

interview with a manager, and I was scheduled for the 16th of November. Q.
A.

(By Mr. Coulter) Did you leave at that time?

14 15
16 17

Yes.
And you came back on November 16th? That is correct. Do you remember the names of anyone that you

Q. A. Q.

18 spoke to on the 15th? 19
20 21
22

A. Q. A. Q. A. Q.

No, I don't. And what time did you come back on the 16th? I don't recall the time. Morning or afternoon? It was in the morning. So on the 15th when you went in and filled out an

23 24 25

application, why were you in the market for a job?

GRIFFIN AND ASSOCIATES09/16/2005 Page 47 of 92 602.264.2230 Case 2:04-cv-00627-JAT Document 97-2 Filed

71

1 the test? 2

A.

I don't recall how long the test was, but it was

3 lengthy, probably an hour. 4 5

Q. A.

Other than math, what were you tested on? I believe there were some questions about

6 personality, customer service questions. 7 8 9 percent.
10

Q. A. Q.

What were the results of that test? I believe she said that I had passed it with 80 Other than one person telling you you had passed

11 with 80 percent, do you have any other information about the 12 score that you got on the test? 13 14 15 16 17 test? 18
A. Q.

No. No?

A.

No, I did not.

Q. A. Q.

What was your understanding of the purpose of the The purpose of the test was to indicate whether I And were you ever told how that test would

19 was a good candidate. 20

21 determine whether you were a good candidate or not? 22 23 24 you? 25
A.

A. Q.

No, it was never explained in detail. Were the contents of the test ever explained to

No.

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1

Q.

No one -- that's the extent of your knowledge or

2 information regarding your salary or any -- your starting
3 4

salary or any raises that you would have had as a customer service associate? A. Q. That is correct. Turn the page, we're still on Exhibit 16, If you'll look at the

5 6

7 EEOC-CGLIC-0103 is the Bates number.

8 Training section, which starts at about the third of the page 9 down, review that for me, please.
10 11 12 13
14

A. Q.
A.

Okay. Had an opportunity to review it?
Yes.

Q.

Is that information consistent with your

understanding of the training that you would have to engage in? MS. KRUSE: THE WITNESS: Foundation. It wasn't that detailed, but yes.

15 16 17
18

Q.

(By Mr. Coulter) So the information that you just

read under Training is consistent with your understanding of what training you would have to undergo as a customer service associate?
MS. KRUSE: Form.

19 20 21 22 23 24 25

THE WITNESS: training.

I was told that it was an extensive

I was told that it was going to be from 8:00 a.m. to

5:00 p.m. I was told that it was going to be in a classroom environment. I was told that very strict schedule policy, the

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1 2

90-day policy, no vacations, no sick time, no nothing. Yes, I was told that, but it wasn't to this It was not this detailed.

3 extent, all of this.
4

Q.

(By Mr. Coulter) The information -- or you were

5 not told -- you were not provided detail that is contained in 6 this document, right?
7

A.

Yeah, that's correct.

8 9 pointing to?
10 11 12 13 14 15

MS. KRUSE:

Except for Exhibit 16 is what you're

MR. COULTER: Exhibit 16 under the Training heading on page 103.
Q. (By Mr. Coulter) Is there anything in that

description that is inconsistent with what you understood the training would be?

A.

No.

16
17 18 19

Q. A. Q.

It is simply more detailed? Correct. Who told you what your training would be as a

customer service associate?
A. I was never told what the training would be. I

20 21 22 23 24 25

was simply told that it was from 8:00 to 5:00.

Q. A. Q.

Who told you that? During my interview on the 16th with the manager. Tell me everything that you remember in that

discussion about training.

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1

A.

I remember that she started the conversation by

2 saying that something about my background, if I had had group 3 training, you know, classroom training and if I was able to 4 keep up, if I was fast paced, and I said, yes, you know, that I 5 had this training, quite extensive training in a classroom 6 setting with computer systems, and I was able to catch on quite 7 fast.
And she mentioned that it was going to be from 9 -- I'm

8 sorry, from 8:00 to 5:00 in the afternoon, that it was a very 9 strict 90-day policy where they did not want people to be out
10 at all during that time, and she asked if I had any problems 11 with that/ and I said no. 12 13 14 15
right? A. Q. Correct. You were told that the training was very fast Q. So you weren't concerned by that discussion,

16 paced and required 100 percent attendance, correct? 17 18
A. Q. Correct. And that there was a strict schedule for the

19 duration of the training? 20 21 22 concern? 23 24 25
A. Q.
A.

A. Q.

That is correct. And you were asked if that caused you any

That is correct. And your reply?
Was no.

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105

1 2

A. Q.

Probably just that. Go to what's been marked as EEOC-CGLIC-0060.

3 It's I think three pages in, four pages in.

4 5 6 7
8 9
10

MS. KRUSE: MR. COULTER: Q.
A.

06 -- oh, 0060. Right.

(By Mr. Coulter) Are you there?

Yes.
Under Questions --

Q.
A.

Yes.
-- do you see at the top where it says, "State to You

Q.

11 each applicant CIGNA has a very rigid attendance policy. 12 need six months to accrue before taking vacation time.
13 14

During

the first 90 days of employment, one day missed is a verbal warning, two days missed is a written warning, and three days Should you miss four days in the first 90

15 missed is probation.

16 days, you will be terminated for unsatisfactory attendance." 17 18 19
A. Q. Did I read that right? That is correct. And was that information provided to you during

20 the interview? 21 22
A. Q. Correct. Were you asked what concerns do you have about

23 this rigid attendance policy? 24 25
A.

Yes.
And what was your response?

Q.

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1 2

A.

No.

Q.

Do you recall being asked more than one time

3 whether or not you had concerns about the rigid attendance 4 policy? 5 6 7
MS. KRUSE: THE WITNESS: Form. Yes.

Q.

(By Mr. Coulter) How many times were you asked

8 about your concerns regarding the rigid attendance policy? 9
10 11 whole -- 12

MS. KRUSE: Form. THE WITNESS: During my physical interview or the

Q.
A.

(By Mr. Coulter) During your physical interview.
Probably three times.

.13
14 15 16

Q.
A.

And each time you responded with what?
No.

Q.

Go down to the third question.

It says, "100

17 percent attendance is required for new hires. How was your 18 attendance in the last two positions? Ask for the number of 19 unplanned absences and tardies." And then the handwriting 20 says, "2/YR, no late." 21 22 23 24 25
Did I read that right?

A. Q.
A.

Uh-huh. Is that yes?
Yes.

Q.
A.

Do you understand that to mean two year/no late?
Yes.

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1.

Q.
A.

Do you remember being asked that question?
Yes.

2
3

Q.

Do you remember making -- responding that you had

4 two years, no late? 5 6

A.
Q.

Yes.
Go to tab 2 marked EEOC-CGLIC-0046 through 55.

7 Take a look at it for me, please. 8 9 glance at it?
10
MR. COULTER: Just glance at it, and I'll just

MS. KRUSE: Did you want her to read it or just

11 start with some questions, try to point her out to some places. 12 13 14 before? 15 16 17 18
A.

THE WITNESS:

Okay.

Q.

(By Mr. Coulter) Have you ever seen that document

No.

Q.
A.

You didn't review it at any time?
No.

Q.

Turn to the Bates labeled page 55 and read that

19 page for me. 20 21
A. Okay.

Q.

Do you believe that the content of that page

22 accurately or is consistent with your understanding of the 23 24 25

90-day attendance policy and discipline?
A. Yes.

Q.

Is there anything inconsistent about that?

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1 2 3 4 5
~6

A.

No.

Q.

And you would agree that it says that there is no

time off available during the first 90 days of employment, right? A. Q. before?
A.

That is correct. Before today, have you ever seen this page

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

No.

Q. A. Q. A. Q.

And the terms of that -- of the content of this That is correct. And you were asked I think you said three times That is correct. And in response to a request, those requests, you

page was explained to you during your interview, right?

whether that caused you any concern?

said/ no, it didn't cause you concern, right?
AQ. Correct. When you were told about the attendance policy,

did you have any specific questions about it other than the question you already said about sick, somebody being sick, do you recall any specific questions about the process? MS. KRUSE: THE WITNESS: Form. No.

Q.

(By Mr. Coulter) Just the one question about what

if someone gets sick?

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128

1 by word what she said. 2
3

Q. A.

Okay. I can give you an idea as to what was said and

4 what transpired, but I'm not going to sit here and say that I 5 recall word by word what she said. 6

Q.

I'll give you a chance to explain.

I want to

7 break it down into two separate things.

I want to know what

8 she said and what you said specifically, and once you tell me 9 that, I want to move on, and you'll have an opportunity to tell
10 me some of the generalities of what happened in that 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

conversation without specifics, okay?
So have you told me everything that you recall was said specifically during that conversation MS. KRUSE: Form. --

Q.

(By Mr. Coulter) -- that you can attribute to

either yourself or to her?
MS. KRUSE: Form.

THE WITNESS:

What else specifically did she

say? Besides the start date that they wanted me to start on. Q. A.
Q. A.

(By Mr. Coulter) What day was that? That was going^o^oe^llovember 10th.
Okay. I believe.
_, SEE CORRECTIONS

Q. A.

All right.

So the date, she told you the date?

Right. She gave me the date that they were

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1 2 3
Q.

MS. KRUSE: THE WITNESS:

Form. To the best of my knowledge. Now, what things do you

{By Mr. Coulter) Okay.

4 recall as almost a direct quote that you said to her during 5 that conversation? 6 7
MS. KRUSE: THE WITNESS: Form. I asked to start on the second --

8 class instead of the first one and she started inquiring 9 okay/ what I said.
10 11 12 13 14
15

I said I had a doctor's appointment on the

10th and that I would try to reschedule it. Q. appointment. second class? MS. KRUSE: Q. Form. {By Mr. Coulter) So you said: I'll try to reschedule. I have a doctor's

I'd like to start on the

{By Mr. Coulter) Those are the things you

16 17 18 19 20 21 22 23 24 25

specifically remember telling her?
MS. KRUSE: Form.

THE WITNESS: Q.

At this point, yes. Now, let's go back and She says What happens

(By Mr. Coulter) Okay.

tell me what happened during that conversation. hello. then? You say, hello, I am Carmen Santa Cruz.

Now you can tell me what you want to tell me, I know. A. Well, she just went into the conversation that

she was very excited to be able to offer me the position, that they were wanting me to start as soon as possible, which was

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1.

the 10th, and I asked if I could start then on the second class, which was the 17th, I believe. She immediately asked

2

3 why, and I said that I had a doctor's appointment set up, and 4 it was hard to get doctor's appointments nowadays.

And she

5 says, yes, that's true, but we would really like for you to 6 start on the 10th. So, I said that I would try to reschedule 7 it and call her back, which I proceeded to do. 8 9
10 11
12

Q. A. Q.
A.
Q.
A.

And that was the end of the conversation? Correct. During this first conversation, did you disclose
No.
So did you disclose you were pregnant?
No.

to her the reason for your doctor's appointment?

13
14

15
16

Q. A.

And why did you tell me earlier that you did not Because we immediately went into the dates that

have an opportunity to discuss salary or training?

17

18 19 20 21 22 23 24 25

they wanted me to start, and I saw that they might be, you know, they might not be interested in me after, you know, I decided to change the dates. So, I didn't feel that it was the

right time to ask any more questions in that first setting, the
dates.

Q.

Okay. So that whole conversation was simply her

telling you you have the job and the dates she wants you to start, right?

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1 2 3 4 5

A.

So I needed to actually contact the lab.

Q.
A.

Did you contact the lab?
Yes.

Q. A.

What did they tell you? That it would be another month before they can

6 reschedule me again. 7

Q.

Okay.

Did you also call Charles Schwab to

8 determine whether or not -- back up. 9
10 11

Now that you had been formally offered the position, did you call Charles Schwab to determine whether or not you could take that job and still receive your severance A. Schwab. Q. job? A.
Q.

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

I still wasn't sure I was going to be offered the So, no, I did not call Charles

position because of the dates.

So you're telling me that during that telephone

call, you were unclear whether or not you had been offered the No, that's not what I said.
You were offered a job?

A.
Q.

That is correct.
You didn't know whether you were going to take

the job because it conflicted with an ultrasound? MS. KRUSE: THE WITNESS: Form. Partially.

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1 that, did the conversation end? 2 3

A. Q.

For that phone call, yes. Okay. Now, during that phone call, tell me all

4 the direct statements you can remember that you said during
5

that conversation.
MS. KRUSE: Form.

6
7

THE WITNESS: Stating that I couldn't reschedule

8 or I wasn't able to reschedule the appointment until the 9 following month, asking once again why I couldn't start on the
10 second class, and then at that point, 1 would have nothing to 11 12 13 14 15 16 17 18 19 20 21 22
23

hinder my 90-day or the 90-day policy and stating that, yes, I understood the policy. Q. (By Mr. Coulter) Did you tell her that you had concerns about the policy?
A.

No.

Q.

All right. Those are all the direct statements

that you can attribute to either yourself or the person you were speaking with during that second conversation, right? MS. KRUSE: THE WITNESS: Q. Form. As best as I can at this point. Now, let's talk about the

(By Mr. Coulter) Okay.

conversation in general.

How did the second conversation How did it

start? You called up, introduced yourself again. go from there? A.

24 25

I told her that I had called the lab, and I was

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1 unable to change it because it woul