WalMart-250x169In the first lawsuit filed against an employer for discrimination against married same-sex couples since the Obergefell decision in June, Gay and Lesbian Advocates and Defenders, with Washington Lawyers’ Committee for Civil Rights and Urban Affairs. will sue Walmart on Tuesday.

Jaqueline Cote, a Walmart employee in Massachusetts, was denied the ability to put her spouse, Diana Smithson. on her plan. When Smithson developed cancer in 2012, the couple fell $150,000 in medical debt. Massachusetts has been a marriage equality state since 2004, yet Walmart refused to recognize their marriage.

The suit will charge Walmart with discrimination against married gay employees and will be filed as a class-action case.