$5 million Executive
Severance Pay
$4 million Whistleblower
Retaliation
$1.5 million Retaliation
$1.2 million Whistleblower
Retaliation
$1.1 million Age
Discrimination
$1 million Gender
Discrimination

Class Action Filed Against Walmart for Same-Sex Discrimination

Former Wal-Mart employee Jacqueline Cote filed a class action lawsuit against the retailer for wrongly denying health insurance benefits to her female spouse. The lawsuit was filed in the U.S. District Court for the District of Boston. Cote is seeking a court ruling that Walmart violated Title VII of the federal Civil Rights Act, in addition to other laws, and damages for herself and her wife as well as any other Wal-Mart employees who were not offered health insurance for their same-sex spouses. Wal-Mart Changed its policy in January, 2014, and now offers benefits to same-sex couples, but by then Cote and her wife Dee Smithson had incurred at least $150,000 in medical costs.

Damages

Damages sought in the lawsuit include out-of-pocket medical costs and punitive damages. Cote says she tried repeatedly to enroll her spouse in Wal-Mart’s corporate health care plan and was rejected due to her gender. She tried again after Smithson was diagnosed with ovarian cancer in 2012, and was again denied coverage. The lawsuit focuses on gender discrimination.

The couple has incurred at least $150,000 in medical costs that they cannot afford to pay. Cote says that Smithson’s suffering from the cancer treatments was made worse by the financial stress. Smithson is now in Hospice care.

EEOC Ruling

Prior to filing the class action suit, Cote filed a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). In January 2015, the agency ruled that Wal-Mart’s refusal to cover Smithson constituted discrimination and ordered the company to provide a just resolution for violating Cote’s civil rights, but in May the EEOC issued a letter granting Cote the right to sue after its efforts to resolve the case were unsuccessful.

If you have been denied benefits as a result of gender discrimination, please call the New Jersey employment attorneys of Lenzo & Reis, LLC, at (973) 845-9922 or email us today for a free case evaluation.

Client Reviews
★★★★★
"Professional and Knowledgeable Attorney. At what was supposed to be the highest point in my career suddenly became the most harassing and lowest point of my career and I was passed over for a promotion. Not because the other person was more qualified than I was, but because I followed the law and did the right thing and the people I worked for did not like that. After researching several attorneys, my wife and I found Claudia, and the decision to retain her was the best decision we ever made. After explaining our case to Claudia, we found that she was not only extremely professional but a very caring human being. Throughout the entire process of our case, Claudia was there with us every step of the way. She explained every single proceeding that we had to go through and guided us, not only as a professional attorney in and out of court, but personally as a caring and understanding person. Because of her extensive working knowledge of employment and labor laws, Claudia was able to successfully resolve our case. My wife and I will always be extremely grateful for Claudia’s hard work and dedication, and we highly recommend Claudia Reis to anyone seeking an attorney who practices in employment and labor laws." John
★★★★★
"Professionalism, integrity, and determination. Outstanding representation! Chris Lenzo did an outstanding job in my employment discrimination case. He responded to my questions in a timely fashion, provided clear communication through each step of the process, and handled my case in an honest and straight forward manner. Chris’s expertise in employment law along with his hard work ensured justice would prevail in my case and got me the compensation I deserved. Likewise, Chris’s law firm staff was professional, courteous, organized, and effective. I highly recommend Chirs Lenzo’s firm to anyone with an employment legal matter in New Jersey or New York." Sofia
★★★★★
"Remarkable professional. I have worked with Ms. Reis and her firm for the past three years. During the consultation process, you will immediately experience her compassion as she offers suggestions and guides you through the difficult situation you are dealing with. Her attention to detail, timely follow up and candid manner ensured me that I was well-protected and represented. Ms. Reis always went above and beyond to protect me legally. She is a very strong and tough (when necessary) advocate for the individual she represents. Her support staff is equally diligent. I would recommend her without reservation." A.M.