Walmart Same-Sex Spouse Benefits Class Action Settlement

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

CLICK HERE TO FILE A CLAIM »

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