America’s Largest Retailer Accused of Denying Health Benefits to Gay Employees
WalMart
target of class-action complaint from
employees in several states
According
to a proposed complaint, WalMart violated
the federal Civil Rights Act of 1964 by
refusing to offer health insurance to the
partner of a lesbian employee. That
employee, Jacqueline Cote, claims that
WalMart would not extend health coverage to
her wife until after the couple racked up
more than $150,000 in medical bills.
WalMart
began offering health insurance benefits to
LGBT employees in January 2014, but refused
to assist Cote and her partner in addressing
their already substantial medical debts.
Cote and
her wife, Diana Smithson, married in 2004 in
Massachusetts. In 2012, Smithson was
diagnosed with ovarian cancer. After losing
her own health coverage, Smithson quickly
accumulated massive medical debt.
Sex
discrimination versus sexual orientation
discrimination
Cote has
taken the stance that WalMart has
discriminated against her because of her
sex, rather than her sexual orientation.
Cote claims that WalMart would have offered
her partner insurance coverage if she had
been a man.
This
assertion provides a much better chance of
success, as workplace discrimination based
on sexual orientation is not prohibited by
federal law. Discrimination based on gender,
however, is illegal under employment law.
Cote’s
assertions have seen support
Prior to
proposing her charges against WalMart, Cote
took her case before the U.S. Equal
Employment Opportunity Commission. The EEOC
determined that WalMart’s refusal to extend
health benefits to Cote’s wife did
constitute unlawful sex discrimination.
While the
EEOC’s determination may have little
influence on the proposed charged filed by
Cote, the ruling does lend credence to her
argument.
Much rides on
the ultimate decision
A great
deal rides on the final ruling in this case.
Should Cote emerge victorious, she may be
entitled to monetary compensation for her
damages and a punitive award for WalMart’s
discriminatory actions.
If WalMart
wins the day, the precedence may impact
future decisions on the matter. Other
employees who feel slighted my forgo taking
legal action when they otherwise would have
acted.
Your
situation may have parallels
With the
recent changes in same-sex marriage and
benefits laws, it has become more difficult
to translate guidelines to specific
situations. If you feel that you have been
discriminated against, or have been denied
benefits or employment based on your gender
or sexual orientation, it may be helpful to
discuss your case with a New York employment
lawyer.
At
Hepworth, Gershbaum & Roth, our
New York employment law attorneys
provide comprehensive and customized legal
advice to LGBT clients facing difficult wage
and benefit issues. Our knowledge of state
and federal employment laws, and their
interplay with recent same-sex marriage
resolutions, allows us to help you
understand how guidelines apply to your
unique situation.
To discuss
your case during a free consultation with
one of our New York employment law
attorneys,
contact us online or call 212-545-1199
today.
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