BOSTON ā A federal agency says Wal-Mart discriminated against a lesbian employee who sought health coverage for her ailing wife and has ordered āa just resolutionā for violating her civil rights.
The U.S. Equal Employment Opportunity Commission ordered the retail giant to work with Jacqueline Cote of New Bedford, Massachusetts, who hopes the determination will help her pay off $100,000 in medical bills.
In a Jan. 29 EEOC ruling, obtained Wednesday by The Associated Press, the agency said Cote āwas treated differently and denied benefits because of her sex.ā
Cote tried to enroll her partner in Wal-Martās health plan repeatedly starting in 2008, but coverage was denied and the company didnāt provide it until 2014. In 2012, Coteās wife, Diana Smithson, was diagnosed with cancer.
The Bentonville, Arkansas-based company said it expanded its policy in 2014 to include same-sex couples.
āWhile we disagree with the finding of reasonable cause, we have notified the EEOC of our willingness to meet with them and Miss Cote to discuss resolving the matter,ā spokesman Randy Hargrove said.
Cote, 52, and Smithson, 63, met while working at aĀ Wal-Mart store in Augusta, Maine, in 1999. They moved to Massachusetts where they continued to work forĀ Wal-Mart and where they married in May 2004, just days after the state legalized same-sex marriage.
Smithson quit in 2007 to take care of Coteās elderly mother. That prompted Cote to try to add Smithson to her health plan the following year.
Cote said she tried to enroll online, but the system wouldnāt let her proceed when she indicated her spouse was a woman. When she sought an official explanation, she was told that same-sex spouses were not covered.
Each year thereafter, she tried and failed to enroll Smithson ā including in 2012, when Smithson was diagnosed with ovarian cancer.
āI was shocked,ā said Cote, who was working in the companyās East Falmouth, Massachusetts, store at the time. She said her colleagues in every Walmart store she has worked in have been supportive of the couple.
In 2013, Cote reached out to Gay & Lesbian Advocates and Defenders, which filed a charge of discrimination with the EEOC the following year.
āIf she was a woman married to a man, she would have been given spousal health benefits,ā said Allison Wright, an attorney with GLAD who is representing Cote.
Wright said the next step will be attempting settlement negotiations with Wal-Mart.
āWeāre estimating up to about $100,000 worth of medical expenses and other damages because of Walmartās discriminatory denial,ā she said.
Cote said the couple paid out of pocket for Smithsonās medical expenses in 2012, when Smithson lost her private health coverage, and up until Jan. 1, 2014, when Wal-Martās expanded policy took effect.
The couple has āan inordinate amount of bills,ā said Cote, who now works in Wal-Martās Swansea, Massachusetts, store as an office associate. Smithson was in remission for 18 months but resumed chemotherapy treatments last month.
āIām not only doing this for me,ā Cote said. āIām doing this for other gay and lesbian couples that have been discriminated against as well.ā
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