Class sought for suit on spousal benefits

A court-authorized notice was sent to about 1,200 potential class members who might have been denied benefits for samesex spouses by Wal-Mart Stores Inc. prior to 2014.

The letter is a step being taken by the U.S. District Court in Boston to determine whether the lawsuit has merit, whether a class should be certified and whether any damages should be awarded in Cote v. Wal-Mart Stores Inc.

Potential class members are being asked to give Wal-Mart permission to release contact, personnel and insurance plan information.

Jacqueline A. Cote filed the lawsuit in July 2015, saying Wal-Mart denied her spouse benefits after repeated requests. Diana Smithson and Cote were legally married in Massachusetts in 2004 after the state began allowing same-sex unions, and they began requesting benefits in 2008, according to the lawsuit.

Wal-Mart began offering benefits to same-sex couples in January 2014. Cote’s lawsuit alleges that Wal-Mart denied benefits to Smithson after a 2013 Supreme Court ruling that struck down the Defense of Marriage Act.

“We maintain a strong anti-discrimination policy and we support diversity and inclusion in our workforce,” Wal-Mart spokesman Randy Hargrove said. “We’ve attempted to resolve the case, and we’re open to further discussions.”