Jacqueline Cote met her wife, Diana Smithson, in Maine while they were both employees at Walmart. They moved to Massachusetts and were married a few days after the state legalized same-sex marriage, and they continued working at Walmart there. Smithson eventually quit work to take care of Cote's elderly mother. Cote tried to enroll her partner in Walmart's health plan, but coverage was denied. Five years, later Smithson was diagnosed with cancer. Cote filed a claim with the EEOC arguing that Walmart has intentionally discriminated against her on the basis of sex by denying her same-sex partner insurance benefits. The EEOC agreed that Cote was treated differently and wrongly denied benefits and ordered Walmart to work with Cote to help pay Smithson's medical bills. Cotes also filed a class-action lawsuit against Walmart, which was later settled for 7.5 million. The EEOC does not investigate every claim of employment discrimination. Generally, it takes only "priority cases" such as cases involving retaliatory discharge ( firing an employee in retaliation for submitting a claim to the EEOC) and cases involving types of discrimination that is of particular concern to the EEOC. If the EEOC decides not to investigate a claim, the EEOC issues a "right to sue" that allows the employee to bring his or her own lawsuit against the employer.

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