If you worked for Walmart between January 1, 2011 and December 31, 2013, were legally married to a same-sex spouse during that same period, and would have been eligible for spousal Health Insurance Benefits from Walmart or Sam’s Club but for the limitation on providing spousal Health Insurance Benefits to same-sex spouses during that time period, you are a member of the Settlement Class in this lawsuit, which is known as Cote v. Wal-Mart Stores, Inc., Case No. 15-cv-12945-WGY (D. Mass.).
This lawsuit claims that Walmart discriminated against associates with same-sex spouses based on sex by failing to provide spousal health insurance benefits to the same-sex spouses of associates before January 1, 2014. The Named Plaintiff is seeking damages for herself and other Settlement Class Members who were denied the opportunity to enroll their same-sex spouses in a Walmart-sponsored health insurance plan from January 1, 2011 to December 31, 2013 (“the Settlement Class Period”). The Court has not decided the merits of the case. Walmart denies that it did anything wrong and no court has found that Walmart did anything wrong or violated any federal or state law.
Who’s Eligible
Class Members of the Walmart settlement include current and former Walmart and Sam’s Club associates who:
- Worked at Walmart or Sam’s Club between Jan. 1, 2011 and Dec. 31, 2013;
- Were legally married to a same-sex spouse during that same period; and
- Would have been eligible for spousal health insurance benefits from Walmart or Sam’s Club but for the limitation on providing spousal health insurance benefits to same-sex spouses.
Potential Award
Varies.
Class Members may elect to file either a Short Form Claim or a Long Form Claim.
Short Form Claim: Class Members who file a Short Form Claim will receive a proportionate share of the settlement fund based on the number of months they would have been eligible for spousal health insurance benefits between Jan. 1, 2011 and Dec. 31, 2013. The pro rata share will be based on the amount remaining after it is determined how much of the settlement fund will be distributed to those who filed Long Form Claims. The maximum amount Class Members who file Short Form Claims can receive is $5,000 per year, up to $15,000 for the three years included in the Class Period.
Long Form Claim: Class Members who file a Long Form Claim must submit documentation to show either (1) out-of-pocket health care costs that your same-sex spouse incurred during the Class Period when he or she did not have health insurance, or (2) the cost of purchasing a health insurance policy for your same sex spouse during the Class Period. These costs may be fully reimbursed or, if the amount of approved Long Form Claims exceeds $3.5 million, they may be reduced proportionally.
Proof of Purchase
None required. Class Members who submit a Long Form Claim must provide documentation of the same-sex spouse’s out-of-pocket health care costs or the costs of purchasing a health insurance policy for the same-sex spouse during the Class Period.
Claim Form Deadline
3/20/2017 for claimants filing a Short Form Claim
4/18/2017 for claimants filing a Long Form Claim
Case Name
Cote v. Wal-Mart Stores Inc., Case No. 1:15-cv-12945-WGY, in the U.S. District Court for the District of Massachusetts
Final Hearing
5/11/2017
Settlement Website
Claims Administrator
Cote v. Wal-Mart Stores Inc. Claims Administrator
c/o Kurtzman Carson Consultants
P.O. Box 43415
Providence, RI 02940-3415
Phone: 1-877-241-7543
Fax: 1-877-839-2878
Email: [email protected]
Class Counsel
Peter Romer-Friedman
Juno Turner
Sally Abrahamson
OUTTEN & GOLDEN LLP
Gary Buseck
Allison Wright
GLBTQ LEGAL ADVOCATES & DEFENDERS
Matthew K. Handley
WASHINGTON LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS
John A. Freedman
Peter Grossi
Sarah Warlikc
ARNOLD & PORTER LLP
Defense Counsel
Naomi G. Beer
GREENBERG TRAURIG LLP
