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This settlement is closed!
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Wal-Mart Stores Inc. has agreed to settle a class action lawsuit alleging it discriminated against employees who were married to a spouse of the same sex by not allowing the spouse to enroll in a Walmart-sponsored health insurance plan.
If you were a Walmart or Sam’s Club associate and had a same-sex spouse at any time during the period of Jan. 1, 2011 and Dec. 31, 2013, you may be entitled to benefits from the Walmart class action settlement.
The Walmart class action lawsuit was initially filed in July 2015 by plaintiff Jacqueline A. Cote. She accused the retail giant of discriminating against her based on her sexual orientation by denying health insurance coverage to her same-sex spouse before the company changed its policy on Jan. 1, 2014.
By filing the Walmart class action lawsuit, Cote sought to represent herself and a Class of other Walmart or Sam’s Club associates who were denied the opportunity to enroll their same-sex spouses in a Walmart-sponsored health insurance plan before the Jan. 1, 2014 policy change.
Walmart denies any wrongdoing but agreed to settle the same-sex spouse benefits class action lawsuit to avoid the burden and expense of trial. Walmart will pay $7.5 million to resolve the litigation.
In addition to providing compensation to eligible Class Members, Walmart has also agreed to continue to treat same-sex spouses and opposite-sex spouses equally when offering health insurance benefits as long as doing so is consistent with the applicable law.
Class Members who would like to object to or exclude themselves from the Walmart same-sex spouse benefits settlement must do so no later than Mar. 20, 2017.
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
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
UPDATE: On May 16, 2017, the court granted final approval to the Walmart Same-Sex Spouse Benefits settlement. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
www.WalmartSameSexSpouseBenefitsSettlement.com
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: WalmartSameSexSpouseBenefitsSettlement@kccllc.com
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
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415 thoughts onWalmart Same-Sex Spouse Benefits Class Action Settlement
I received a check today for $31278. I have been on this since the beginning sent several batches of paper work to prove that I am qualified. So all you people that are throwing a fit. Then you should be thankful for what you got. You could have got nothing. Instead you post stupid statements. Have a great life…
I absolutely agree! Thank you Lori for your continued contact and sharing information! You, John, and Chuck have been the best help. I haven’t received my check yet but I’m always a day behind everyone else since my local post office is in the middle of a forest ?. Best of luck everyone!
It definitely sounds off on equal sharing across the board on whats left. Called and was told I was receiving for 2nd disbursement $3,052
Around how much was you 1st?
My first was 800, this one is 2800
$1,690
My check was $30,000 until they allowed extra people to get in on the settlement. Now it’s gone from $30k to $18k. I was told there was only 7 additional claimants so how did my check end up 12k less. Can we ask for an accounting breakdown its should be public knowledge for the claimants. I am going to pursue an accounting breakdown from the court .
Same here. Sally Abrahamson told me back in January I would be getting around $30,000. Maybe a little more, maybe a little less. And whats also interesting is that you were told you are getting $18,000. I was told I was getting $16,000. This is interesting because the second distribution was supposed to be EQUALLY split. I have already attempted to get the accounting from Outten & Golden. They said I would need to contact KCC. KCC is saying “they are not a liberty to provide this information”. Well who the hell is? By my calculations there is approximately $1,200,000 of the $7,500,000 settlement that is not being accounted for. If the lawyers cannot provide an explanation, and the third party administrator cannot provide an explanation, that I agree, we ALL need to contact the COURT. This case has been mishandled since day 1. The lawyers blamed that on KCC, KCC blamed it on the court. No one took accountability. The Honorable William G Young of the US District Court for the District of Massachusetts signed off on this settlement agreement. I ask anyone reading this to contact his office at (617)-748-9156 and demand that the accounting for Case No. 15 Civ. 12945 (WGY) be sent to the 137 Claimants.
Im with you in this @
Miss Fed Up!
I was told the same and my check is 19,242. I was trying to do the math but didn’t know how many claimants were involved. This whole situation is nonsense. My bank has already refused to touch the second check after the first check fiasco and Bernie said your only option is to have them call and confirm the validity.
They did that last time too. And it bounced. My bank isn’t playing with this company’s checks.
Hi,
Well shit I’m glad I’m not the only one who’s check is considerable less than what they were told. What the hell is going on here? I was told what my check was going to be from Sally, the lawyer. She also said the Walmart would be kicking in the extra funds to cover the allowed late claims and if anything the amount I would be getting might be a few bucks less not $12,000 less. I am going to have this mess investigated. We should have had our checks long ago. Bernie knew 2 weeks ago who the extra people were yet she made us all wait until she was dam good and ready and then waited to mail the checks on a Friday knowing we would not get them until the following week so that KCC could hold on to the cash earn a little more interest. They said the checks went out Thursday but I know for a fact that they did not go until Friday late. As for Sally the lawyer turns out she typical of a crooked attorney tellng me she was making sure we were being handled when in fact she didn’t do anything except blow hot air. You can bet one thing the lawyers got paid a long time ago shortly after the judge signed off and once they got their money they didn’t give a shit. I am going to do everything in my power to hold KCC and the lawyers accountable. I wish everyone good luck,
It sucks, I have to wait until Monday to find out how much mine will be. I was married and worked there from 2008-17. I’m seeing these big numbers. But my first check was only 780. I just moved so a big check would help.
I called and they said there is no date. Then I called again and they said the date is no later than April 11th. So they don’t have a clue!!!!!!
I received a email stated checks will be sent out April 11
My email said no later than april 13th lol its been a crazy fun ride haha
Right I’m with you but if you call the number above they will tell you the checks go out Wednesday the 11th I just wonder how much this one is going to be
I called last week when I got the email and was told they won’t know amounts until checks get sent. So hopefully Wednesday we will know
Lol… Been a hell of a ride with them. Its almost over, we hope.
see if checks start arriving!
I’d say don’t hold your breath and lets make sure the checks are good just sayin
I agree Lori.
Got a call today from the administration number saying the date has been moved to April 13th
Well its the 13th and I haven’t recieved a damn check! So there talking Bullshit again.
HAS ANYONE RECIEVED A CHECK?
Doreen I just called and was told a check for 586.12 was issued to me on april 12th . we will see ;)
Ty John
Yes I also called friday. And the lady was very nice. Said my check was “issued” on thursday the 12th also. And gave the amount! But it wasnt the same amount as yours. So everyone is getting a different amounts I gather.
$10k
Yeah I was only there for the final 2 months of the qualifying period so im happy with what im getting just glad its over lol
Me too I called Friday like I said I was there for the full 3 years and mine is 31k. Glad it is just about over then maybe walmart has learned something although I doubt it..
How much where you guys first checks? I’m wondering how much mine will be.
The checks went out yesterday and if you call the administrator number they will tell you your amount. I called and got all my amount and when it went out
The date is not when you receive it but rather when it’s mailed. Also not everyone got the same thing.
Any updates beyond April 13th anticipated date?
Last update is checks be sent out by april 13th. So they say!
So is the second check the same amount for all claimants aince its pro rata or will it be different amounts as well ?
Nope. I just saw someone commented they got 586 issued to them. I did not.
I’m not sure how they established the pay out but I worked at Walmart the entire length of time covered and was legally married to my wife. My check is considerably larger.
My check is considerably larger as well I worked for them from 2000 to 2016 and have also been married to my wife since 2010..
I received my $50 check for bank fees caused by the first bad check back in December and an attached letter saying that the remainder of settlement claims should be paid by mid – April. Good luck everyone!
I wonder how much these checks will be. My last check was 800
Got an email today that 2nd disbursement checks are “anticipated” to be sent out no later than april 13th