The US’s biggest grocery retailer is being sued for discriminating against a same-sex couple.

A woman is suing Wal-Mart, a company, which owns the UK Asda brand, after failing to offer health insurance to her wife after DOMA was struck down.

Jacqueline Cote, 52, is suing her employer, Wal-Mart after failing to extend its insurance benefits to its gay employees after the Defence of Marriage Act, DOMA, was struck down in June 2013. Wal-Mart only started including same-sex couples in January 2014.

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Cotes is alleging that her wife, Diana “Dee” Smithson had spent, according to a complaint filed on Tuesday in Boston federal court, in excess of $150,000 (£95,913) on medical treatments fighting ovarian cancer, which were uninsured. She claims it is in violation of the federal Civil Rights Act of 1964.

Wal-Mart did extend insurance benefits to gay couples in January 2014.

In an email to Bloomberg who originally reported the story, Brian Nick, a spokesman for Wal-Mart said, “[Walmart’s] benefits coverage previous to the 2014 update was consistent with the law.”

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Ms. Cote’s class action suit will be the first of its kind since the United States Supreme Court made same-sex marriage legal across all of the USA.

 

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